DE · rules

Del. Ch. Ct. R. 133

Appointment and Duties of Successor Guardian or Trustee

activein force · 2026-06-01 – presentact-effective-date

When a new guardian of the property or trustee is

appointed by the Court, then as soon as the new guardian

of the property or trustee shall have given any bond

required by the Court, the preceding guardian of the

property or trustee, or the representative of a deceased

guardian of the property or trustee, shall pay over, transfer

and deliver to the new guardian of the property or trustee,

and the new guardian of the property or trustee shall

receive and take possession of, all cash, investments,

securities, property and effects constituting the

guardianship or trust. Unless otherwise provided by the

terms of the governing instrument or by order of the Court,

whenever the new guardian of the property or trustee has

actual knowledge of a breach of fiduciary duty by its

predecessor that would cause a reasonable person to

inquire, the new guardian of the property or trustee shall

examine the accounts and records of its predecessor, and

inquire into the acts and omissions of its predecessor, and

report to the Court any maladministration of its

predecessor. This provision shall apply in the case of the

resignation, removal or death of a guardian of the property

or trustee.

Provenance

Source: courts.delaware.gov
Retrieved: 2026-09-23
Edition: 2026-09-23
Content hash: 01078019d8ecba2df647f4ad199f81057b5b45f4957d9927f8a0653fec31ec80

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