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
How The Grossman Law Firm Can Help
Key Takeaways
- California law allows beneficiaries to remove a trustee who mismanages the trust or breaches fiduciary duties.
- Common reasons for removal include breach of trust, self-dealing, conflict of interest, and excessive fees.
- Trustee removal requires filing a petition with the California Probate Court.
- The Grossman Law Firm helps beneficiaries enforce their rights and remove unfit or dishonest trustees.
When Should You Consider Removing a Trustee?
If you’re a beneficiary and haven’t received a copy of the trust, it may indicate larger problems. Trustees have a legal duty to act in your best interest. When a trustee refuses to communicate, mishandles assets, or acts in bad faith, removal may be the best way to protect the trust.
At The Grossman Law Firm, we help beneficiaries determine whether trustee removal or suspension is the right next step and guide them through the court process with clarity and confidence.
Grounds for Trustee Removal in California
Under the California Probate Code, several legal grounds justify removing a trustee. The most common include:
- Breach of Trust – The trustee violates the terms of the trust.
- Insolvency – The trustee’s financial instability threatens trust management.
- Unfitness – Illness, incapacity, or incompetence renders the trustee unable to serve.
- Hostility or Deadlock – Co-trustees cannot cooperate, harming administration.
- Excessive Compensation – The trustee demands unreasonable fees.
- Disqualification – The trustee becomes legally barred from serving.
Each of these circumstances gives beneficiaries strong grounds to ask the probate court for intervention.
How a Breach of Duty Justifies Removal
Trustees must follow strict fiduciary duties under California law. Breaching those duties can justify immediate removal. Examples include:
- Mismanaging or misusing trust assets
- Failing to maintain or provide accurate records
- Withholding information from beneficiaries
- Engaging in self-dealing or profiting personally
- Ignoring the terms of the trust document
For instance, if a trustee loans themselves trust money on unfair terms, that’s a clear breach. The court can order reimbursement, impose damages, or remove the trustee entirely.
Steps to Remove a Trustee
If you need to remove a trustee in California, the process generally involves these steps:
- Review the Trust Document – Confirm the trustee’s duties and any removal provisions.
- Document Misconduct – Gather emails, statements, or accounting records showing breach or mismanagement.
- Consult a Trust Litigation Attorney – A lawyer experienced in trust litigation can evaluate your case and prepare the petition.
- File a Petition with the Probate Court – Your attorney will cite the applicable sections of the California Probate Code.
- Attend the Hearing – The court reviews evidence, hears testimony, and decides whether to remove the trustee.
In urgent cases, the court can temporarily suspend a trustee’s powers while the petition is pending to prevent further harm.
What Happens After Trustee Removal?
Once the court removes a trustee:
- A successor trustee is appointed (either named in the trust or by court order).
- The removed trustee must provide a final accounting of all trust transactions.
- If losses occurred, the court may order restitution or a surcharge against the trustee.
These steps ensure that trust assets remain protected and the trust continues to serve its intended purpose.
Related Resources
- Overview of California Trust Litigation
- Can a Trustee Withhold Money from a Beneficiary?
- What Are the Duties of a Trustee in California?
- 20 Ways Your Trustee Can Be Breaching Their Fiduciary Duties
- Can’t Afford a Probate or Trust Attorney?
FAQ
Can a trustee be removed without going to court?
Sometimes. If the trust allows removal by a majority of beneficiaries or co-trustees, court intervention may not be needed. However, most situations require filing a petition with the Probate Court.
What evidence is required to remove a trustee?
Emails, account statements, or communications showing mismanagement, self-dealing, or refusal to account are often key evidence.
How long does it take to remove a trustee?
Timeframes vary based on case complexity, but most petitions take several months. Emergency suspensions can happen much sooner.
Who takes over after a trustee is removed?
A successor trustee—either named in the trust or appointed by the court—assumes control of the trust.
Can beneficiaries recover losses from a removed trustee?
Yes. The court can impose a surcharge or require repayment for damages caused to the trust.
How The Grossman Law Firm Can Help
For more than 20 years, The Grossman Law Firm has helped California beneficiaries:
- Remove unfit or dishonest trustees
- Petition for suspension of trustee powers
- Recover assets lost due to trustee misconduct
- Enforce their right to accountings and trust information
Our firm focuses exclusively on trust and probate litigation—never estate planning. Attorney Scott Grossman and his team understand how to navigate complex California Probate Code procedures to protect your inheritance and restore proper trust management.
If you’re dealing with a trustee who isn’t fulfilling their duties, don’t wait to act. The longer a trustee mismanages a trust, the greater the potential damage.
At The Grossman Law Firm, we help beneficiaries throughout California enforce their rights and remove trustees who violate their fiduciary obligations.
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.
Originally Published Jul 24, 2023