When a trustee is not doing their job failing to communicate with beneficiaries, mismanaging trust assets, self-dealing, or simply refusing to make required distributions the people depending on that trust are not without options. Florida law gives beneficiaries real tools to hold trustees accountable, up to and including having them removed from the role entirely.
The short answer to the question is yes: a trustee can be removed in Florida. But the process, the grounds, and the practical steps involved depend on the specific circumstances. This guide walks through everything you need to know whether you are a beneficiary concerned about a trustee’s conduct, a co-trustee dealing with a dysfunctional administration, or a trustee who wants to understand your own exposure.
Florida Law on Trustee Removal
Trustee removal in Florida is governed primarily by Florida Statutes § 736.0706, part of Chapter 736 the Florida Trust Code. Under this statute, a court may remove a trustee and appoint a successor if it finds that removal is in the best interests of all beneficiaries and removal is not inconsistent with a material purpose of the trust.
The law identifies specific circumstances that can justify removal, but it also gives courts discretion. A court will look at the totality of the situation not just whether a technical violation occurred, but whether the breach is serious enough, and whether the relationship between trustee and beneficiaries has broken down to the point where continued administration by that trustee is harmful.
Understanding this legal framework matters whether you are a beneficiary of a living trust in Florida concerned about how your interests are being protected, or a successor trustee trying to understand the limits of your authority.
Grounds for Removing a Trustee in Florida
Florida Statutes § 736.0706 identifies several specific grounds on which a court may remove a trustee. These are not the only possible bases courts retain discretion to remove a trustee whenever doing so is in the best interests of the beneficiaries but they are the most commonly cited.
Breach of Fiduciary Duty
A trustee in Florida owes several fiduciary duties to the beneficiaries of the trust. A breach of any one of them can be grounds for removal. The core duties include:
- Duty of loyalty: The trustee must act solely in the interests of the beneficiaries not in their own interest or the interest of any third party.
- Duty of prudence: The trustee must invest and manage trust assets as a prudent investor would, considering the trust’s purposes, terms, and the needs of beneficiaries.
- Duty to inform and account: The trustee must keep beneficiaries reasonably informed about the trust and its administration, provide annual accountings, and respond to reasonable requests for information.
- Duty of impartiality: The trustee must act impartially toward all beneficiaries, balancing the interests of current income beneficiaries and remainder beneficiaries fairly.
- Duty to administer in good faith: The trustee must follow the terms of the trust document and administer the trust in accordance with its purposes.
When a trustee violates any of these duties particularly if the violation is serious, repeated, or results in financial loss to the trust, removal becomes a realistic outcome.
Self-Dealing and Conflict of Interest
Self-dealing is one of the most serious forms of trustee misconduct. It occurs when a trustee uses their position to benefit themselves at the expense of the beneficiaries. Common examples include:
- Purchasing trust assets from the trust at below-market prices
- Selling personal assets to the trust at inflated prices
- Directing trust business to companies the trustee owns or controls
- Borrowing from the trust
- Paying themselves excessive compensation
Florida law treats self-dealing transactions as presumptively void. A trustee who engages in self-dealing faces not just removal, but personal liability for any losses caused to the trust.
Misappropriation or Mismanagement of Trust Assets
A trustee who steals from the trust, dissipates assets through reckless investment, or simply fails to manage assets with reasonable care can be removed. This category covers a wide range of conduct — from outright fraud to negligent inaction. A trustee who lets real estate deteriorate without maintenance, allows insurance to lapse, or makes investments with no rational basis for the trust’s purposes has breached the duty of prudence.
Failure to Provide Accountings or Information
Under Florida Statutes § 736.08135, trustees must provide annual accountings to qualified beneficiaries. A trustee who persistently refuses to account or who provides falsified or misleading accountings is breaching a core obligation. Beneficiaries who have been shut out of information about their own trust have strong grounds to petition for removal.
Conflict or Hostility Among Co-Trustees
When a trust has multiple co-trustees and they cannot function together due to personal animosity, fundamental disagreement about administration, or one trustee blocking the other from performing their duties the court can remove one or both trustees. Florida law recognizes that persistent hostility between co-trustees that impairs the administration of the trust is itself a ground for removal, regardless of who is “at fault.”
Incapacity or Unfitness to Serve
A trustee who becomes mentally incapacitated, develops a substance abuse problem, is convicted of a felony, or simply becomes demonstrably unable to carry out the duties of the role can be removed. The court will look at whether the incapacity or unfitness is affecting the administration of the trust in ways that harm beneficiaries.
Unwillingness to Administer the Trust Effectively
Sometimes a trustee does not commit an obvious breach; they simply stop engaging. They fail to make distributions required by the trust, ignore beneficiary communications, do not invest assets, or refuse to take steps necessary to wind up the trust. Persistent neglect of trustee obligations, even without outright misconduct, can support a petition for removal. For context on what active trust administration should look like, see our guide on what happens to a trust when you die in Florida.
Who Can Petition to Remove a Trustee in Florida?
Not everyone can file a petition to remove a trustee in Florida. The law limits this right to specific parties:
- Qualified beneficiaries: Beneficiaries who are currently entitled to distributions, or who would be entitled to distributions if the trust were to terminate, have standing to petition for trustee removal.
- Co-trustees: A co-trustee can petition for removal of a fellow trustee whose conduct is impairing the administration of the trust.
- The settlor (grantor): While the grantor is still living and competent, they can petition to remove a trustee they named. Most grantors, however, serve as their own trustee during their lifetime and this situation arises mainly in irrevocable trust contexts.
- The Florida Attorney General: For charitable trusts, the Attorney General has standing to petition for trustee removal.
The petition is filed in the circuit court in the county where the trust is being administered. Florida circuit courts have jurisdiction over trust proceedings under Chapter 736. This is distinct from probate proceedings trust administration is a private process that generally does not require court involvement unless a dispute arises. See our overview of probate vs. trust administration in Miami for context on how these two processes differ.
Can Beneficiaries Remove a Trustee Without Going to Court?
Yes, but only if the trust document provides for it. Florida law allows a trust to include provisions that give beneficiaries the power to remove and replace a trustee without court involvement. These provisions are sometimes called trust protector clauses or removal powers.
If the trust document gives all qualified beneficiaries a unanimous or majority power to remove the trustee and appoint a replacement, they can exercise that power without filing a petition. The successor named in the trust or the replacement named by the exercising beneficiaries steps in directly.
If the trust does not contain such a provision, court involvement is required to remove a trustee over their objection. This is one reason why including a removal power in the trust document is worth discussing with your estate planning attorney when the trust is being drafted. If you are planning a new trust, read our guide on how to choose a successor trustee in Florida for related considerations.
What the Trustee Removal Process Looks Like in Practice
If a court petition is necessary, here is how the process typically unfolds in Florida:
Step 1: Document the Misconduct
Before filing, gather documentation of the trustee’s conduct. This includes copies of trust accountings (or evidence that accountings were not provided), correspondence with the trustee, records of missing distributions, evidence of self-dealing transactions, bank statements, and any other evidence relevant to the alleged breach. The more specific and documented the allegations, the stronger the petition.
Step 2: Send Written Demand
In many situations, a formal written demand from an attorney to the trustee demanding they cure the breach, provide required accountings, or resign will resolve the situation without litigation. Some trustees, when confronted with a credible legal threat and specific documented allegations, will agree to resign voluntarily rather than face court proceedings.
Step 3: File the Petition in Circuit Court
If the trustee does not respond appropriately to a demand, the next step is filing a petition in the circuit court in the county where the trust is administered. The petition must identify the trust, the petitioner’s standing, the specific grounds for removal under § 736.0706, and the relief requested (removal of the current trustee, appointment of a successor, and any other relief such as surcharge for losses).
Step 4: Notice and Hearing
The trustee and all interested parties must receive proper notice of the petition. The court will schedule a hearing. Both sides have the opportunity to present evidence and argument. In urgent situations for example, where the trustee appears to be actively dissipating trust assets the petitioner can seek a temporary injunction or emergency relief to freeze trust assets while the case proceeds.
Step 5: Court Order and Transition
If the court grants the petition, it issues an order removing the trustee and appointing a successor either the successor named in the trust document, or one chosen by the court. The removed trustee must turn over all trust assets, records, account statements, tax returns, and documentation to the successor. They may be ordered to pay costs and attorney’s fees if the court finds the breach was serious.
Can a Removed Trustee Be Held Personally Liable?
Yes, and this is one of the most significant consequences of trustee misconduct in Florida. A trustee who is removed for breach of fiduciary duty does not simply walk away. They can face:
- Surcharge: The court can order the trustee to compensate the trust for any losses caused by the breach including investment losses from imprudent decisions, assets dissipated through mismanagement, and profits improperly taken through self-dealing.
- Denial of compensation: A trustee who has breached their duty can be denied the compensation they would otherwise be entitled to for the period of the breach.
- Attorney’s fees and costs: In appropriate cases, a court can order the removed trustee to pay the beneficiaries’ attorney’s fees and litigation costs.
- Criminal liability: Where the trustee’s conduct involves outright theft or fraud, criminal prosecution is also possible, separate from the civil trust proceeding.
This is why trustees facing allegations of misconduct should take those allegations seriously and consult with a trust litigation attorney immediately not to avoid accountability, but to understand the full scope of their exposure and respond appropriately.
Can a Trustee Resign in Florida?
Yes. Under Florida Statutes § 736.0705, a trustee may resign by giving at least 30 days’ prior written notice to the qualified beneficiaries, the settler if living, and all co-trustees. Court approval is not required for a trustee to resign unless the trust document specifically requires it, or there is no successor available to take over administration.
A trustee who is resigning rather than being removed is still required to act in the beneficiaries’ interests during the transition period. They must turn over all trust assets and records to the incoming successor, cooperate fully with the transition, and cannot use the resignation as an opportunity to take actions that benefit themselves at the beneficiaries’ expense.
A resignation does not erase prior conduct. A trustee who resigns after a breach has been discovered is still potentially liable for losses that occurred during their administration.
How to Protect Yourself as a Trustee in Florida
Many trustee removal proceedings arise not from bad intent but from a trustee who simply did not understand what the role required. If you are serving as a successor trustee or have been named to serve when the time comes, the best protection against removal is understanding and meeting your successor trustee duties in Florida from the start.
Practical steps that protect a trustee include:
- Reading the trust document carefully and following it precisely
- Sending required beneficiary notices within 60 days of the grantor’s death as required by Florida Statutes § 736.05055
- Providing annual accountings to all qualified beneficiaries even if they do not ask
- Opening a dedicated trust bank account and keeping trust finances completely separate from personal finances
- Making investment decisions that are consistent with the trust’s purposes and documenting the rationale
- Making required distributions on time and in the amounts specified by the trust
- Responding promptly and professionally to beneficiary inquiries
- Working with a trust administration attorney when the estate is complex, when beneficiaries are hostile, or when there is any doubt about the correct course of action
A trustee who keeps good records, communicates proactively, and follows the trust document faithfully is in a strong position to defend against any removal petition even one motivated by beneficiary dissatisfaction rather than actual misconduct.
Warning Signs That a Trustee May Need to Be Removed
If you are a beneficiary and you are experiencing any of the following, it may be time to consult a trust litigation attorney:
- The trustee has not provided an annual accounting and refuses to do so when asked
- Distributions required by the trust are being withheld or delayed without explanation
- The trustee is making decisions that appear to benefit themselves or one beneficiary at the expense of others
- Trust assets appear to have been sold, transferred, or depleted without a clear legitimate reason
- The trustee is not responding to communications or is being evasive about the trust’s status
- You have discovered that the trustee is a beneficiary of transactions involving trust assets
- Real property held by the trust is deteriorating or uninsured
- The trustee has not notified beneficiaries of the trust’s existence within the required time period after the grantor’s death. See our guide on what happens to a trust when the grantor dies for a full breakdown of notice requirements.
These are warning signs, not automatic grounds for removal. But each one warrants a closer look — and a conversation with a Florida trust attorney who can evaluate whether the trustee’s conduct rises to the level that supports a removal petition.
Frequently Asked Questions
Can a trustee be removed in Florida?
Yes. Under Florida’s Trust Code (Chapter 736, Florida Statutes), a trustee can be removed by the court for breach of fiduciary duty, incapacity, serious conflict of interest, co-trustee hostility, or when removal is in the best interests of the beneficiaries. Some trusts also include provisions allowing beneficiaries to remove a trustee without court involvement.
What are grounds for removing a trustee in Florida?
Florida Statutes § 736.0706 allows a court to remove a trustee for: breach of fiduciary duty, serious conflict of interest, co-trustee hostility that impairs administration, unfitness or unwillingness to serve, persistent failure to make distributions, or when removal is in the best interests of beneficiaries and not inconsistent with the trust’s purpose.
Who can petition to remove a trustee in Florida?
A co-trustee or any qualified beneficiary may petition the circuit court to remove a trustee. The settlor (grantor) may also petition while living. For charitable trusts, the Florida Attorney General has standing to petition.
Can beneficiaries remove a trustee without going to court in Florida?
It depends on the trust document. Some trusts include a removal power that allows all qualified beneficiaries to remove and replace a trustee without court involvement. Without such a provision, a court petition is required to remove a trustee over their objection.
What is a breach of fiduciary duty by a trustee in Florida?
A breach of fiduciary duty occurs when a trustee fails to act in the best interests of the beneficiaries. Examples include self-dealing, failing to invest prudently, misappropriating trust funds, failing to provide accountings, favoring one beneficiary over others, and failing to make required distributions.
Can a trustee resign in Florida?
Yes. Under Florida Statutes § 736.0705, a trustee may resign by giving at least 30 days’ written notice to the qualified beneficiaries, the settler if living, and all co-trustees. Court approval is generally not required. Resignation does not erase liability for prior breaches.
What happens after a trustee is removed in Florida?
After removal, the successor trustee named in the trust document takes over. If no successor is named or available, the court may appoint one. The removed trustee must turn over all trust assets, records, and documentation to the successor and may be held liable for any losses caused during their administration.
Can a removed trustee be held personally liable in Florida?
Yes. A trustee removed for breach of fiduciary duty can be ordered to compensate the trust for losses caused by the breach (surcharge), denied their trustee compensation, and ordered to pay the beneficiaries’ attorney’s fees and litigation costs. Where the conduct involves fraud or theft, criminal liability is also possible.
What is a trustee’s fiduciary duty in Florida?
A Florida trustee has the duty of loyalty (acting solely in beneficiaries’ interests), the duty of prudence (investing carefully), the duty to inform and account (providing annual accountings and notices), the duty of impartiality (treating all beneficiaries fairly), and the duty to administer the trust in good faith according to its terms and Florida law.
How do I remove a trustee in Florida?
To remove a trustee in Florida, a qualified beneficiary or co-trustee files a petition in the circuit court in the county where the trust is administered. The petition must allege specific grounds under Florida Statutes § 736.0706. Working with a Florida trust litigation attorney is strongly recommended. Contact The Schoonover Law Firm at (305) 299-7496 for a consultation.
Work With a Florida Trust Litigation Attorney
Trust disputes whether you are a beneficiary seeking to hold a trustee accountable or a trustee defending against removal are among the most emotionally and legally complex situations in estate law. They involve family relationships, fiduciary obligations, legal deadlines, and significant financial consequences. Getting the right legal guidance from the start is not just helpful it can determine the outcome.
The Schoonover Law Firm, P.A. advises both beneficiaries and trustees on trust administration disputes in Miami-Dade County and throughout South Florida. Whether you need to evaluate whether a trustee has breached their duties, respond to a removal petition, or understand your rights as a beneficiary, Attorney Yanitza Schoonover provides clear, direct guidance grounded in Florida’s Trust Code.
If you are not sure whether what you are seeing rises to the level of a breach or if you simply want to understand your options a consultation is the right first step. For background on how trust administration is supposed to work, read our related guides on what happens to a trust when you die in Florida and how to choose a successor trustee in Florida.
Call (305) 299-7496 or email info@estateplanningattorney.us to schedule a free initial consultation. Phone and Zoom appointments are available Monday through Sunday, 8:00 AM to 9:00 PM.
The Schoonover Law Firm, P.A. | 6303 Waterford District Drive, Suite 400, Miami, FL 33126 | Florida Bar #124081
