If after distribution a trustee of a testamentary trust dies, resigns, fails or declines to act, cannot be identified, or is for any reason incapable of acting, or is removed or a vacancy in the trusteeship is otherwise created or exists, the Superior Court shall have the power to declare a vacancy and appoint a trustee to fill the vacancy, upon the petition of any person interested in the trust estate and notice given in the manner provided in Section 3401 of this Title. The petitioner shall cause notice of the hearing to be sent by registered mail to, or personally served upon, the beneficiaries and to any trustee, whether or not they have requested special notice or given notice of appearance.

SOURCE: California Probate Code, § 1126 (as amended).

COMMENT: See § 701 of Title 1 for further particulars as to what constitutes
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