If you’re wondering how to remove a trustee from a trust in Florida, the answer is that you must show valid grounds, such as breach of trust, persistent failure, or a substantial change in circumstances.

In 2023-2024, Florida courts recorded over 700 trust-related filings, highlighting the need for careful legal oversight in trust management (Florida Office of the State Courts Administrator).

In this guide, we’ll explain how to remove a trustee, outline their legal duties, and walk you through appointing a successor when needed.

What Is a Trust, and How Does It Operate?

A trust is a legal tool that lets one person (the trustee) manage money or property for another person (the beneficiary), according to instructions from the person who created the trust (the grantor or settlor).

In Florida, trusts are commonly used for estate planning, asset protection, and tax efficiency. Types include:

• Revocable Living Trusts: Can be revoked or amended by the grantor during their lifetime.
• Irrevocable Trusts: Generally cannot be changed or revoked without the consent of all beneficiaries or court approval.
• Testamentary Trusts: Created by a will and take effect upon the testator’s death.

What Are the Duties of a Trustee in Florida?

Trustees in Florida are held to the fiduciary duty standard. Core trustee responsibilities under Florida law include:

Duty to Administer the Trust

A trustee must manage the trust in good faith. This must be done strictly in accordance with its terms and in the best interests of the beneficiaries.

Duty of Loyalty

Trustees must avoid self-dealing, conflicts of interest, and any action that benefits themselves at the expense of the trust. Their sole allegiance must be to the beneficiaries.

Duty of Impartiality

When a trust has several beneficiaries, the trustee must treat each one fairly. Failure to do so, such as prioritizing distributions, investment strategies, or communications for one party, can constitute a breach of the duty of impartiality.

Prudent Administration

Trustees are expected to manage trust property with the care and skill a reasonably prudent person would use. This includes safeguarding assets, making sound investments, and keeping trust property separate from personal assets.

Duty to Inform and Account

Florida law requires trustees to notify qualified beneficiaries within 60 days of accepting their role. For irrevocable trusts, trustees must also provide annual financial reports to ensure transparency.

Additional Duties

Trustees must keep accurate records, safeguard trust property, and manage legal claims for the trust. They are also responsible for supervising any agents or professionals they delegate tasks to.

How Do You Remove Trustees From a Trust?

Removing a trustee in Florida requires a clear legal basis and often court involvement. The process depends on the trust type and whether the trust document outlines removal procedures.

Review the Trust Document

Start by checking the trust agreement. Some trusts include provisions for removing a trustee, such as requiring a majority vote of beneficiaries or allowing the grantor to revoke the appointment.

Identify Grounds for Removal

Florida law guides this. Under Florida Statute §736.0706, a trustee may be removed for:

• Breach of trust
• Lack of cooperation among co-trustees
• Unfitness or unwillingness to administer the trust
• Persistent failure to perform duties
• Material change affecting the trust

Attempt Informal Resolution

If possible, communicate concerns directly with the trustee. In some cases, voluntary resignation or trust modification may resolve the issue without litigation.

File a Petition in Florida Circuit Court

If informal efforts fail, a petition can be filed in the circuit court with jurisdiction over trust administration. The court will review the evidence and decide whether the trustee’s removal is justified.

Appoint a Successor Trustee

Once removed, the trust must appoint a new trustee. The trust document may name a successor, or the court can appoint one.

While a removal petition is pending, the court may order interim relief to protect trust property, prevent further harm by the trustee, or clarify the trustee’s duties (see § 736.0706(3), Florida Statutes).

Legal Advice on Trusts

Trust litigation is complex. If you believe a trustee is not fulfilling their obligations, the next step is to speak with a Florida trust attorney who has experience with trustee removal cases. The attorney can:

• Review the trust document.
• Evaluate whether there are legal grounds for removal.
• Guide the change-of-trustee process from start to finish.

Professional guidance helps ensure the trust continues to serve its purpose and protect the beneficiaries’ interests.

Frequently Asked Questions 

Who Can Ask the Court to Remove a Trustee in Florida?

Under Section 736.0706(1) of the Florida Trust Code, a trustee may be removed at the request of certain parties: the settlor (if still alive and retaining authority), a co-trustee, or any beneficiary. While the statute allows the court to act on its own initiative in rare circumstances, removal almost always begins with a formal petition from one of these parties.

Do Beneficiaries Always Need to Show Misconduct to Remove a Trustee?

No. Trustee removal doesn’t always require proof of wrongdoing. If all beneficiaries agree and a suitable replacement is available, courts may approve the change.

What Happens to the Outgoing Trustee’s Liability After Removal?

An outgoing trustee remains responsible for their past actions, must account for the trust administration, and must deliver the assets to the successor. The court can hold them liable for any losses from breaches of duty, and Florida law may allow recovery of attorney’s fees.

How Long Does the Trustee Removal Process Take?

It varies. Informal resolutions may take weeks, while court proceedings can take several months, depending on complexity and evidence.

When It’s Time to Act: How to Remove a Trustee from a Trust

Knowing how to remove a trustee from a trust is the first step toward restoring accountability and protecting your legacy. If you’re facing a trustee who is not fulfilling their obligations, contact a Florida trust attorney to guide you through the process.

At Boyer Law Firm, we combine personal attention with big-firm technology to protect your rights in trust disputes. We explain every step of your case clearly, scan and analyze all documents within 24 hours, and use advanced legal research tools to stay ahead of changes in Florida law.

Contact us for legal advice backed by years of experience.