How to Remove a Trustee in California

When a trustee mismanages a trust, plays favorites, or simply refuses to communicate, California law gives beneficiaries a path to have that trustee removed. Removal is not automatic, and courts do not replace trustees for ordinary disagreements. But with the right grounds and the right evidence, the probate court can suspend a trustee, order a full accounting, and appoint someone trustworthy in their place. Here is how the process works.

Who can ask the court to remove a trustee?

A co-trustee or a beneficiary of the trust may petition the probate court for removal, and the court can also act on its own motion. For Los Angeles trusts, these petitions are heard in the probate departments of the Los Angeles Superior Court.

Grounds for removal

California Probate Code section 15642 lists the core grounds. In practice, removal cases usually involve one or more of the following:

1. Breach of trust. Self-dealing, using trust assets personally, imprudent investments, or distributions that ignore the trust terms. Our article on trustee fiduciary duties explains what the law requires.
2. Failure to account or inform. Beneficiaries are entitled to information and periodic accountings. Silence, stonewalling, and incomplete numbers are among the most common triggers for removal petitions.
3. Hostility or conflict that impairs administration. Friction alone is not enough, but when hostility between the trustee and beneficiaries prevents the trust from being administered properly, courts can step in.
4. Unfitness or incapacity. A trustee who cannot manage the trust, whether from age, illness, or disorganization, can be replaced.
5. Excessive compensation or insolvency. A trustee who overpays themselves, or whose own finances endanger the trust, invites removal.

The removal process, step by step

1. Demand and documentation. Removal starts before court. A written demand for an accounting and for specific information often either fixes the problem or builds the record that wins the petition.
2. The petition. Your attorney files a petition in probate court stating the grounds and the relief sought: removal, suspension, an accounting, surcharge for losses, and appointment of a successor.
3. Suspension pending trial. Where assets are at risk, the court can suspend the trustee's powers immediately while the case proceeds, and can appoint an interim trustee to protect the trust.
4. The accounting fight. Most removal cases are won or lost in the numbers. A compelled accounting exposes what happened to trust assets, and discrepancies become the evidence for removal and surcharge.
5. Resolution. Many cases settle with a negotiated resignation and repayment. Others proceed to an evidentiary hearing where the court decides removal, damages, and who administers the trust going forward.

What removal is not

Courts respect the trust creator's choice of trustee, so removal requires real grounds, not mere disappointment with a discretionary decision. And a beneficiary who wants a trustee gone should never resort to self-help such as seizing property or withholding cooperation. Clean hands make strong cases.

Timing matters

Trust assets can move quickly, and delay makes recovery harder. If you suspect misconduct, gather your trust documents and correspondence and speak with counsel promptly. Note also that separate deadlines can apply to related claims, including the short window to contest the trust itself. See our article on the deadline to contest a trust in California.

Talk to a Los Angeles trust litigation attorney

The Darvish Firm's Los Angeles trust and estate litigation attorneys represent beneficiaries seeking to remove trustees, and trustees defending against removal. Call (310) 677-3512 or request a consultation.

This article is general information about California law, not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its facts. Consult an attorney about your specific situation.