Section 30-4-3-33 - Trustee vacancies; priority for filling vacancy(a) In addition to the terms of a trust regarding the circumstances under which a trustee vacancy occurs, a trustee vacancy occurs if: (1) a person designated as trustee does not accept being trustee;(2) a person designated as trustee cannot be identified or does not exist;(4) a trustee is disqualified or removed;(6) the person designated as trustee lacks capacity.(b) Except as provided in the terms of a trust, if a trust has at least two (2) cotrustees and at least one (1) cotrustee remains in office, a cotrustee vacancy is not required to be filled. A cotrustee vacancy must be filled if the trust has no remaining cotrustee.(c) Except as provided in the terms of a trust, a trustee vacancy of a noncharitable trust that is required to be filled must be filled according to the following priority: (1) A person designated in the terms of the trust to act as successor trustee.(2) A person appointed by a majority of the qualified beneficiaries.(3) A person appointed by the court.(d) Except as provided in the terms of a trust, a trustee vacancy of a charitable trust that is required to be filled must be filled according to the following priority: (1) A person designated in the terms of the trust to be successor trustee.(2) A person:(A) selected by the charitable organizations expressly designated to receive distributions under the terms of the trust; and(B) whose selection is approved by the attorney general.(3) A person appointed by the court.(e) Regardless of whether a trustee vacancy exists or is required to be filled, the court may appoint an additional trustee or a special fiduciary if the court considers the appointment necessary for the administration of the trust.As added by P.L. 238-2005, SEC.39.