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

Managing Attorney, Zoecklein Law, P.A. · Florida Bar No. 0085615 · Stetson Law J.D. cum laude
Failure to account is a common removal trigger.
Complete guide to trust disputes under Chapter 736.
Special considerations for SNT trustee removal.
Miranda Pages serves as the Client Operations Manager, bringing over a decade of leadership and management experience in youth program administration. Throughout her career, she has overseen team operations, staff development, and program coordination, experience that translates seamlessly into managing client services and internal operations in a professional environment.
Known as the team’s go-to resource, Miranda is highly reliable and deeply dedicated to supporting both colleagues and clients. Her commitment to professionalism and service helps ensure the team operates efficiently while maintaining the high level of care clients expect.
Juan G. Croussett is a litigation attorney at Zoecklein Law, where he represents clients in complex probate and trust disputes and other contested matters. Known for his strong courtroom presence and strategic approach to advocacy, Juan focuses on protecting clients’ interests through thorough preparation, persuasive legal argument, and disciplined case management.
Juan earned his Juris Doctor from Florida Coastal School of Law and holds a Bachelor of Arts in Political Science and History from the University of South Florida. Over the course of his career, he has developed extensive litigation experience handling a variety of complex matters, including property disputes, dependency proceedings, and high-conflict cases involving sensitive family issues.
Before joining Zoecklein Law, Juan served as a Senior Attorney with the Florida Department of Children and Families and later as Lead Dependency Attorney at The Spring of Tampa Bay. In these roles, he regularly appeared in court, managed complex case portfolios, and advocated on behalf of individuals navigating difficult legal circumstances.
At Zoecklein Law, Juan brings this depth of litigation experience to guide clients through challenging disputes with clarity, diligence, and strong advocacy. He is committed to developing thoughtful legal strategies and delivering results-driven representation.
Outside of his legal practice, Juan is a devoted husband and father who values family and community
Keegan Ashmore Gothers is an attorney at Zoecklein Law, where he assists clients with probate, estate, guardianship, and other civil litigation matters. He is known for his strong analytical skills, attention to detail, and ability to navigate complex legal issues while providing thoughtful and strategic support throughout the litigation process.
Keegan earned his Juris Doctor from the University of Miami School of Law and holds a Bachelor of Science in Sports Administration with a minor in Business Administration from the University of Louisville. During law school, he distinguished himself in competitive arbitration competitions, earning recognition as a champion in the University of Miami MLB Arbitration Competition and a finalist in the Tulane International MLB Arbitration Competition.
Prior to joining Zoecklein Law, Keegan gained experience working on a variety of civil litigation matters, including real estate disputes, contract issues, probate matters, and business disputes. He has experience drafting pleadings, conducting legal research, preparing discovery, and assisting with depositions, mediations, and motion hearings.
Outside of his legal practice, Keegan enjoys watching sports, spending time with friends and family, and golfing. His background in athletics reflects a competitive spirit and team-oriented mindset that he brings to his work serving clients
Mr. Rubin currently focuses on probate administration, estate litigation, and general civil litigation. Mr. Rubin grew up in Miami, Florida, and graduated from the University of Miami where he obtained a Bachelor’s of Science in Communications.
Mr. Rubin obtained his juris doctorate degree from Florida International University College of Law in Miami, Florida. While at Florida International University, Mr. Rubin was a member of the Negotiation and Mediation Team, and competed in several competitions, including the Tulane Law School Professional Football Negotiation Competition. While at Florida International University, Mr. Rubin interned at the Miami-Dade State Attorney’s Office and the Broward Public Defender’s Office.
After graduating, Mr. Rubin worked at the Fort Myers Public Defender’s Office as an Assistant Public Defender, and then worked for Florida Rural Legal Services, where he focused on family and immigration law. Mr. Rubin joined Zoecklein Law, P.A. in July of 2023. While not working, Mr. Rubin enjoys spending time with his girlfriend and their three cats, four spiders, one snake, and one scorpion.
A Florida Bar licensed attorney since 2011 with a passion for justice, a track record of successful courtroom and jury trial experience, and a diverse background that extends beyond the legal world. As a past assistant state attorney and co-owner of a successful online business, I bring a unique blend of legal expertise and entrepreneurial spirit to everything I do.
My dedication to the well-being of the community began with my service in the U.S. Army Reserve, evolved into keeping drunk drivers off the street, and is now focused on helping people find closure during difficult times, putting loved ones to rest, and mitigating the injustices of the legal system.
I grew up in Tampa, Florida, and after 2 years at the American University in Washington, D.C., I returned to the state and graduated with honors from the University of Florida with a degree in history. I received my Juris Doctor from the University of Maine. After deciding New England winters were too gloomy, I returned to the state for a second time. When I am not working, I cherish spending time with my wife and our pets.
Mrs. Zoecklein is a highly accomplished and driven professional with a successful track record in both accounting and customer service. As a devoted spouse and parent to three wonderful children, She values the importance of work-life balance and strives to lead by example in maintaining a fulfilling family life alongside her career.
With an innate sense of self-drive and ambition, Mrs. Zoecklein has consistently demonstrated exceptional leadership and organizational skills, making her an invaluable asset to every team she has been a part of. Drawing from her experience in accounting, she has managed financial operations with precision and an eye for detail, ensuring smooth financial transactions and accurate record-keeping.
In the realm of customer service, Mrs. Zoecklein has honed her communication and interpersonal skills, establishing strong rapport with clients and colleagues alike. She takes great pride in delivering exceptional service, consistently exceeding expectations, and ensuring client satisfaction.
Outside of her professional pursuits, Mrs. Zoecklein finds immense joy in the company of her loving spouse and three children. She believes that family forms the cornerstone of a fulfilling life and embraces opportunities to create lasting memories with them. Whether it’s embarking on adventurous outings, engaging in creative endeavors, or simply relishing quality time at home.
With a perfect blend of professional dedication and family-centered values Mrs. Zoecklein embodies a well-rounded and driven individual, whose commitment to excellence extends to both her career and the cherished relationships that enrich her life.
Mr. Zoecklein’s primary focus centers on Probate and Plaintiff’s Civil Litigation. His esteemed team is actively handling cases across the State of Florida in the areas of probate administration, estate litigation, insurance claims, and business law. Hailing from Blacksburg, Virginia, he graduated cum laude from Virginia Tech with a degree in business management, successfully running multiple franchises in Virginia and North Carolina during his time there. Pursuing higher education, Mr. Zoecklein earned his juris doctorate degree cum laude, along with a Masters in Business Administration, from Stetson University College of Law, where he notably represented the university in numerous national and international legal academic competitions. A highlight of his law school journey was winning a National Moot Court competition for Stetson, displaying his exceptional legal acumen. During his time at Stetson, Brice also contributed to the Center for Advocacy of Elder Law and interned at the U.S. Attorney’s Office for the Middle District of Florida. Following graduation, he embarked on a career with a prominent insurance defense firm, but his passion for Plaintiff advocacy and consumer justice led him to dedicate his legal pursuits exclusively to the representation of consumer rights. Apart from his professional endeavors, Mr. Zoecklein treasures quality time with his wife and three children. Through his unwavering pursuit of justice, both inside and outside the courtroom, Brice Zoecklein exemplifies the essence of a compassionate advocate and a reputable professional, dedicated to upholding the values of integrity, empathy, and fairness in all aspects of his life.
Stetson University College of Law – cum laude
Virginia Polytechnic Institute – cum laude
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