Resignation After Distribution: Petition; Hearing and Notice; Acceptance; Continuing

Liability on Bond.

(a)Any person named or designated as trustee in a will, or any successor trustee, may, at any time after the distribution of any of the estate to him, file with the Clerk of the Superior Court a petition tendering his resignation as such trustee and setting forth the names and mailing addresses of all living beneficiaries known to such resigning trustee. The Clerk of the Superior Court shall set the petition for hearing, and notice thereof shall be given in the manner provided in Section 3401 of this Title. The petitioner shall cause a similar notice to be mailed, postage prepaid, to the beneficiaries named in the petition, at least ten

(10)calendar days before the hearing, addressed to them at their respective mailing addresses as set forth in the petition. The Superior Court shall accept such resignation, making any order which may be necessary for the preservation of the estate.

(b)The liability of the said resigning trustee or of the sureties on his bond shall not in any manner be discharged, released, or affected by such resignation, but shall continue until the said trustee has delivered up all of the estate to the person whom the Superior Court shall appoint to receive the same.