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How to Remove a Trustee in Florida (Fla. Stat. § 736.0706)

Grounds, process, timeline, and cost of trustee removal under the Florida Trust Code

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Removing a trustee in Florida is a court proceeding under Fla. Stat. § 736.0706, part of the Florida Trust Code. Beneficiaries can petition the probate court to remove a trustee for serious breach of trust, lack of cooperation among co-trustees substantially impairing administration, unfitness or persistent failure to administer the trust effectively, or substantial change in circumstances that justifies removal. A trustee who sits on money the trust requires them to pay out is one of the most common triggers for a removal petition; see what to do when a trustee will not distribute trust assets.

Removing a Florida Trustee — Frequently Asked Questions

How do you remove a trustee in Florida?

To remove a Florida trustee, a beneficiary or co-trustee files a petition for removal in the circuit court probate division where the trust is administered, under Fla. Stat. § 736.0706. The petition must allege specific statutory grounds: (1) serious breach of trust, (2) lack of cooperation among co-trustees substantially impairing administration, (3) unfitness or persistent failure to administer the trust effectively, or (4) substantial change of circumstances or removal is in the best interests of all beneficiaries. The court holds an evidentiary hearing and decides based on the facts.

What are the grounds for removing a trustee in Florida?

Under Fla. Stat. § 736.0706, grounds for trustee removal are: (1) serious breach of trust (self-dealing, breach of fiduciary duty, mismanagement, embezzlement); (2) lack of cooperation among co-trustees that substantially impairs administration; (3) unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively; (4) substantial change of circumstances or removal is in the best interests of all the qualified beneficiaries and not inconsistent with a material purpose of the trust.

How long does it take to remove a trustee in Florida?

Trustee removal proceedings in Florida typically take 6 to 18 months depending on complexity and whether the trustee contests removal. Uncontested removals (trustee resigns or stipulates to removal) can complete in 30-60 days. Contested cases requiring discovery, depositions, accounting reviews, and an evidentiary hearing typically run 12-18 months. Emergency situations may justify an interim suspension while the merits are decided.

Who can petition to remove a trustee in Florida?

Under Fla. Stat. § 736.0706(1), a settlor (if living), co-trustee, or any beneficiary of the trust may petition for trustee removal. A ‘beneficiary’ includes both current beneficiaries entitled to income or principal and remainder beneficiaries who would receive trust property in the future. The court may also remove a trustee on its own motion in some circumstances.

Can a trustee be removed without going to court in Florida?

Yes, in two ways: (1) The trust instrument itself may give beneficiaries the power to remove a trustee — many trusts have a ‘remove and replace’ clause that allows beneficiaries to remove a trustee for any reason or no reason. (2) The trustee can voluntarily resign under Fla. Stat. § 736.0705, typically by giving 30 days’ notice to qualified beneficiaries and co-trustees. Court action is required when the trustee won’t resign voluntarily and the trust has no removal clause.

How much does it cost to remove a trustee in Florida?

Trustee removal litigation typically costs $10,000 to $50,000 in legal fees depending on complexity, contest level, and required accountings/discovery. Filing fees are minimal (under $500). The petitioner generally pays their own fees but may recover them from the trustee personally under Fla. Stat. § 736.1004 if the court finds the trustee acted in bad faith. Some cases settle short of trial with the trustee resigning to avoid fee exposure.

Can I remove a trustee for not communicating with beneficiaries in Florida?

Lack of communication alone is typically insufficient — but failure to provide statutorily required information IS grounds. Under Fla. Stat. § 736.0813, trustees must keep qualified beneficiaries reasonably informed about the trust and its administration, including providing annual accountings (for irrevocable trusts), notifying beneficiaries of trustee identity, and responding to reasonable beneficiary requests. Persistent failure to comply with these duties is grounds for removal under § 736.0706.

What replaces a removed trustee in Florida?

The trust instrument typically names a successor trustee in case of removal. If the instrument names a successor, the court orders the successor to take over. If no successor is named in the instrument or the named successor cannot serve, the court appoints a successor — frequently a professional fiduciary (corporate trustee, professional trust company, or independent attorney). All beneficiaries are usually consulted on the successor selection.

Florida Trust Litigation Guide

Trust dispute beyond just removal?

See the complete Florida trust litigation guide — accounting demands, surcharge actions, trust contests, and more.

Brice Zoecklein, Esq.
About the Author

Brice Zoecklein, Esq.

Managing Attorney, Zoecklein Law, P.A. · Florida Bar No. 0085615 · Stetson Law J.D. cum laude

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