How do I remove a trustee in the California Probate Court?

Table of Contents

• Key Takeaways
• When Should You Consider Removing a Trustee?
• Grounds for Trustee Removal in California
• How a Breach of Duty Justifies Removal
• Steps to Remove a Trustee
• What Happens After Trustee Removal?
• How The Grossman Law Firm Can Help
• Related Resources
• FAQ
• Next Steps 

Key Takeaways

• California law permits beneficiaries to remove a trustee who mismanages the trust or breaches their fiduciary duties.
• Common grounds for removal include breach of trust, self-dealing, conflict of interest, and excessive fees.
• Trustees can be removed through a petition filed with the California Probate Court.
• The Grossman Law Firm assists beneficiaries in enforcing their rights and removing unfit trustees.

How to Remove a Trustee in the California Probate Court

When Should You Consider Removing a Trustee?

If you’re a beneficiary and haven’t received a copy of the trust, that may signal deeper problems. Trustees have a legal obligation to act in your best interest. Suppose they fail to communicate, mishandle assets, or act in bad faith. In that case, it may be time to consider removal through the California Probate Court.

At The Grossman Law Firm, we help beneficiaries determine whether litigation is the right next step—and how to move forward with removing a trustee who isn’t fulfilling their duties.

Grounds for Trustee Removal in California

California Probate Code provides several legal grounds for removing a trustee. Below are six of the most common reasons:

1. Breach of Trust: The trustee violates the terms of the trust.
2. Insolvency: The trustee has more debts than assets.
3. Unfitness: The trustee is unfit to manage the trust (due to illness, incompetence, etc.).
4. Hostility or Deadlock: Co-trustees can’t cooperate, harming trust administration.
5. Excessive Compensation: The trustee demands unreasonable payment.
6. Disqualification: The trustee becomes legally disqualified from serving.

Each of these can be a strong justification for court intervention.

How a Breach of Duty Justifies Removal

Trustees must follow strict fiduciary duties under California law. A breach can involve:

• Mismanaging or misusing trust assets
• Failing to maintain accurate records
• Withholding information from beneficiaries
• Self-dealing or profiting from the trust
• Ignoring instructions in the trust document

For example, if a trustee loans money from the trust to themselves on unfair terms, that constitutes a clear breach. If proven, the court can order reimbursement, surcharge damages, or immediate removal.

Steps to Remove a Trustee

To remove a trustee through the California Probate Court, here’s what the process generally looks like:

1. Review the Trust Document: Confirm the trustee’s duties and any provisions for removal.
2. Document Misconduct: Gather evidence of mismanagement, conflict of interest, or other breaches.
3. Consult a Trust Litigation Attorney: An experienced lawyer can thoroughly assess your case and develop a tailored strategy.
4. File a Petition with the Court: Your attorney will submit a petition for removal, citing California Probate Code.
5. Attend a Hearing: The court will evaluate the evidence and make a determination.

In urgent cases, the court can suspend a trustee’s powers while the petition is pending to prevent further harm.

What Happens After Trustee Removal?

Once a trustee is removed:

• A successor trustee is appointed (either named in the trust or by court order).
• The outgoing trustee may be required to provide a final accounting.
• If damages occurred, the court may issue a surcharge or require restitution.

It ensures the trust continues to operate in the beneficiaries’ best interest.

How The Grossman Law Firm Can Help

For over 20 years, The Grossman Law Firm has helped California beneficiaries:

• Remove unfit or dishonest trustees
• Petition the court to suspend trustee powers
• Recover assets lost to trustee misconduct
• Enforce accounting and information rights

The Grossman Law Firm specializes exclusively in trust and probate litigation. We have the expertise to navigate California’s complex probate code. If your trustee is misbehaving, we can help. Let us help you move forward with confidence.

Related Resources

• Overview of California Trust Litigation
• Beneficiary Rights in California
• The trustee Has a Conflict of Interest
• 20 Ways your trustee can be breaching their duties

FAQ

Can You Remove a Trustee Without Going to Court?

In limited situations, yes. If the trust document allows beneficiaries or co-trustees to remove a trustee without court involvement, you may be able to avoid filing a petition. However, in most California trust cases, the removal process requires filing a petition with the probate court.

What evidence is required to remove a trustee?

Records of mismanagement, failure to account, communications showing bad faith, or financial losses to the trust.

How long does the process of removing a trustee take?

The duration depends on the complexity of the case, but most cases take several months. Emergency suspensions can happen faster.

Who takes over if a trustee is removed?

The successor trustee is named in the trust or appointed by the court.

Can I recover losses from a removed trustee?

Yes. The court can order repayment or impose a surcharge for damage done to the trust.

Next Steps

If you’re dealing with a trustee who is misbehaving, don’t wait. The longer a trustee mismanages a trust, the greater the potential damage can be.

At The Grossman Law Firm, we help beneficiaries across California remove unfit trustees, recover mismanaged assets, and regain control of their inheritance.

Call (888) 443-6590 or fill out our Get Help Now form.

Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.