What it means
The settlor, a cotrustee, or a beneficiary may ask the court to remove a trustee, and the court may act on its own initiative. The grounds are a short, specific list: a serious breach of trust; lack of cooperation among cotrustees that substantially impairs administration; or unfitness, unwillingness, or persistent failure to administer effectively, where removal best serves the beneficiaries.
The fourth route does not require wrongdoing: a substantial change of circumstances, or removal requested by all qualified beneficiaries — but only if the court also finds removal serves everyone's interests, is not inconsistent with a material purpose of the trust, and a suitable successor is available. While a removal request is pending, the court can order protective relief under §736.1001(2).
- Standing: the settlor, a cotrustee, or a beneficiary may petition — or the court removes on its own initiative.
- Ground one: a serious breach of trust — not every misstep qualifies.
- Ground two: cotrustee non-cooperation that substantially impairs administration of the trust.
- Ground three: unfitness, unwillingness, or persistent failure to administer effectively, where removal best serves the beneficiaries' interests.
- No-fault route: substantial change of circumstances or unanimous request of the qualified beneficiaries — plus best-interests, no conflict with a material purpose, and a suitable successor available.
- Pending a decision, the court may grant interim protection for the trust under §736.1001(2).
How it plays out
Beneficiaries call us wanting a trustee removed far more often than the statute allows it. Disliking the trustee is not on the list; neither is slow email. What moves a Florida court is the statute's own vocabulary — a serious breach, deadlock that substantially impairs the trust, persistent failure to administer. The all-beneficiaries route still needs a suitable successor and a court finding. We often get further, faster, with an accounting demand under §736.0813 than with a removal petition.
Where this shows up
Pages on this site where § 736.0706 does real work:
Questions people ask
