Rule 12.14. Confirmation of appointment.

 (a)  Where a trustee is appointed by or pursuant to a trust instrument, confirmation by the court of such appointment may be obtained on petition which shall set forth

   (1)  the reason for filing the petition; and

   (2)  the pertinent provisions of the instrument creating the trust and providing for the appointment of the trustee.

 (b)  There shall be attached to the petition

   (1)  a copy of the trust instrument duly certified by counsel to be a true and correct copy; and

   (2)  the designated trustee’s written consent to serve.

   Official Note

   In many instances it is useful or necessary to establish the qualification of a trustee long before the trust would normally be refunded by distribution of the estate by the personal representative. This is particularly true where life insurance proceeds have been made payable to the testamentary trustee and both the insurer and the beneficiary wish to effect prompt payment of the proceeds. A simple petition under this rule would provide a solution.