How Do You Remove a Trustee in Florida?
The grounds the law requires, why disagreement alone isn't enough, and what the court can do.
By: George Taylor
A trustee controls money and property meant for someone else. When a trustee seems to be mishandling the trust, ignoring the beneficiaries, or fighting with a co-trustee, the people depending on that trust often want them gone. Here is the short answer. In Florida, a court can remove a trustee, but only for specific reasons set out in the Florida Trust Code, and simply being unhappy with the trustee is not one of them. The settlor, a co-trustee, or a beneficiary can ask the court to step in. This post is for people caught in a dispute over a trust who are wondering whether removal is realistic.
Who Can Ask to Remove a Trustee?
The settlor, a co-trustee, or a beneficiary may petition the court, and the court can also act on its own. Many trusts go further and name someone, such as a trust protector or the beneficiaries acting together, with power to replace a trustee without a lawsuit. If your trust has that mechanism, it is often the faster path. Even then, a trust cannot strip the court of its authority to act when justice requires it.
What are the Grounds For Removal?
A Florida court may remove a trustee in four situations:
- The trustee has committed a serious breach of trust.
- A lack of cooperation among co-trustees substantially impairs the administration of the trust.
- The trustee is unfit, unwilling, or has persistently failed to administer the trust effectively, and removal best serves the beneficiaries.
- Circumstances have changed substantially, or all the qualified beneficiaries request removal; and removal serves the beneficiaries' interests, fits the trust's purpose, and a suitable successor is available.
Why Isn't Disagreement Enough?
Notice the recurring theme: the statute asks what serves the beneficiaries and the trust, not who is annoyed. A trustee who makes lawful choices you dislike, invests conservatively, or declines a distribution the trust does not require has not necessarily done anything removable. Courts are also cautious about overriding the settlor's chosen trustee without real cause. Removal is discretionary: the law says the court "may" remove a trustee, not that it must.
What Can the Court Do While the Case is Pending?
Removal can take time, and a trust should not be left exposed in the meantime. Florida law lets the court act early. While a removal request is pending, or instead of removal, the court can order relief to protect the trust, such as ordering the trustee to account, suspending the trustee, or appointing a special fiduciary to take over and safeguard the property.
Who Takes Over After Removal?
If a co-trustee remains, the trust simply continues under that person. Otherwise, a successor is chosen in order of priority: the successor named in the trust document, then a trustee the qualified beneficiaries unanimously agree on, and failing that, one the court appoints.
For how co-trustees make decisions in the first place, and what happens when they deadlock, see our companion post on Florida co-trustees who disagree.
When a dispute threatens an estate or trust, Brinkley Morgan represents the families, beneficiaries, and fiduciaries caught in the middle. Contact George Taylor to schedule a consultation.
Based on Florida Statutes §§ 736.0105, 736.0704, 736.0706, and 736.1001. This article is general information, not legal advice.
Frequently Asked Questions
Can a Beneficiary Remove a Trustee in Florida?
A beneficiary cannot remove a trustee alone, but can petition the court to do so. The court will remove the trustee only on the grounds set out in the Florida Trust Code, such as a serious breach of trust.
Is Disagreeing with the Trustee a Reason to Remove Them?
No. Disliking the trustee's lawful decisions is not a ground for removal. The law focuses on serious breaches of trust, an inability or persistent failure to administer the trust, or removal that clearly serves the beneficiaries.
How Do You Prove a Trustee Should Be Removed?
You show one of the statutory grounds, such as a serious breach of trust or a persistent failure to administer the trust effectively. Trustee accountings, records, and evidence of mismanagement or self-dealing typically carry the case.
Can the Court Act Before the Removal Case is Decided?
Yes. Pending a removal decision, the court can order the trustee to account, suspend the trustee, or appoint a special fiduciary to protect the trust property.
Can a Trust Document Control How a Trustee is Removed?
Often, yes. Many trusts give a trust protector or the beneficiaries power to replace a trustee without going to court. But the trust cannot take away the court's authority to remove a trustee when justice requires it.
