A trustee is a person or entity designated by a person who creates a trust (grantor, settlor, or trustor) to manage and administer the trust for the benefit of the named beneficiary or beneficiaries. The trustee of a trust created for estate planning purposes is often the grantor, settlor, or trustor who created and funded the trust.

A trust agreement may designate one or more successor trustees who will become the trustee if the previous trustee dies, is unable to continue to serve as trustee, resigns as trustee, or is removed by court order following a lawsuit filed by the beneficiary or beneficiaries of the trust.

A trustee has a fiduciary duty to the beneficiary or beneficiaries of the trust. A fiduciary duty includes the highest duty of care (performance of duties under the terms of the trust agreement) and of loyalty (avoiding conflicts of interest) recognized in law.

In Delaware, a trustee is responsible for managing a trust in accordance with the terms set forth by the grantor and in the best interests of the beneficiaries. The trustee's role is fiduciary, meaning they must act with a high degree of care and loyalty, and avoid conflicts of interest. Delaware law allows for the designation of successor trustees who can step in under circumstances such as the death, incapacity, resignation, or removal of the current trustee. The removal of a trustee can occur through a court order, which may be sought by the beneficiaries if they believe the trustee is not fulfilling their fiduciary duties. Trustees in Delaware are governed by the Delaware Code, particularly Title 12, which outlines the duties and powers of trustees, as well as the mechanisms for their appointment and removal. The state's laws are designed to provide flexibility in trust administration while ensuring the protection of beneficiaries' interests.