When a loved one dies, the trustee’s role is to ease a hard transition. He or she steps in, gathers assets, pays legitimate expenses, and makes distributions based on what the trust says.
Most trustees try to do the job responsibly and to protect the trust and its beneficiaries. But in many California disputes, the trustee instead becomes the problem. The administration may stall and be delayed, and beneficiaries may get vague answers to basic questions, or notice transactions that do not fit the trust’s purpose.
Under California law, beneficiaries may have strong tools to remove a trustee if the trustee is harming the trust or putting the assets at risk. Courts do not usually remove trustees for small mistakes or because relatives are upset with each other. But judges will act when the facts show a breach of duty or a pattern that makes fair administration unlikely. We explain below the common legal grounds for trustee removal, how the court process works, and what beneficiaries should realistically expect.
What a trustee must do
A trustee is a fiduciary. That means the trustee must put beneficiaries first, follow the trust’s terms, and handle assets with care. California Probate Code sections 16000 through 16015 spell out these duties in detail. In practical terms, a trustee must: identify and secure trust assets, keep accurate records and receipts, manage and invest prudently for the trust’s needs, pay proper expenses and taxes, keep beneficiaries reasonably informed, and lastly make distributions within a reasonable time.
A trustee may have discretion about timing or investments, but discretion is never a license to ignore beneficiaries or treat the trust as the trustee’s own personal property. A trustee who falls short and harms the trust can be removed.
Grounds for removal under Probate Code section 15642
Probate Code section 15642 lists several grounds for trustee removal. The most common grounds include breach of trust, failure to act, unfitness to serve, insolvency, and conflict between trustees that interferes with administration.
Breach of trust. This is the most frequent basis for removal. Breaches range from obvious misconduct to repeated careless errors. Intentional breaches by the trustee include self-dealing, taking trust money for personal use, hiding assets, selling trust property for less than its fair market value, or playing favorites in making distributions. Less dramatic but still serious breaches include refusing to account, ignoring trust investment duties, or charging improper fees. The question for the court to determine is whether the trustee’s conduct harmed the trust or put beneficiaries at unreasonable risk.
Failure to act. Trustees are not allowed to sit on their hands. Trust administration consists of many tasks that take time, such as appraisals, taxes, or real estate sales. But a trustee cannot leave beneficiaries in the dark for months or years with no meaningful progress. When there is no accounting, no timeline, and no distributions without a clear reason, courts may treat the delay as a breach itself.
Unfitness or inability to serve. A trustee can be removed even if they are not dishonest. Courts may remove trustees who are physically or mentally unable to perform the role, who struggle with addiction, or who simply cannot handle the complexity of the trust. The court’s focus is protection of the assets, not punishment of the trustee.
Insolvency. A trustee who is personally insolvent can be vulnerable to creditor pressure and may be unable to reimburse the trust if a loss occurs. Insolvency does not automatically give rise to removal, but it is a recognized ground when it poses real risk.
Conflict and hostility. Courts do not remove trustees just because family members dislike each other. But if hostility between trustee and beneficiaries is so severe that administration cannot be fair or efficient, then removal is appropriate. The legal standard is whether the conflict substantially interferes with the trustee’s ability to do the job.
Importantly, removal does not require criminal conduct. Trustees can be removed for repeated neglect, unreasonable behavior, or conditions that make fair administration unrealistic. Judges are not required to wait until assets are gone.
Warning signs beneficiaries should take seriously
Beneficiaries often notice problems before they can prove them. Certain patterns show up repeatedly in removal cases.
Persistent silence. If the trustee ignores calls and emails, or responds only with vague statements, that is a sign of likely trouble.
Refusal to account. Beneficiaries have a right to a trust accounting. A trustee who refuses to provide an accounting is inviting court scrutiny.
Unexplained transactions. Quiet sales, large withdrawals, or transfers to the trustee or the trustee’s associates must be explained and documented.
Favoritism. Trustees must be impartial. If one sibling gets early money, special information, or access to property while others are shut out, that can be a breach.
Sometimes trustees try to frame beneficiary questions as bad behavior. California courts do not buy that argument. Beneficiaries are allowed to ask what the trust owns, what it has earned, what it has spent, and when distributions will occur. Demanding accountability is not a contest of the trust. It is how beneficiaries protect their rights.
How the removal process works
Removing a trustee requires a formal petition in probate court. The usual vehicle is a petition under Probate Code section 17200, which allows beneficiaries to ask the court to address administration problems, including removal.
Step one is to file and serve the petition. The petition describes the facts, links them to the grounds in section 15642, and asks for specific relief. Relief often includes removal, appointment of a successor trustee, an accounting, return of property, and surcharge for losses. The petition must be served on the trustee and all interested parties, including other beneficiaries.
Step two is to gather evidence. Most removal cases involve discovery. That can include document requests, subpoenas to banks or brokers, depositions, and expert review of financial records. If the trustee has refused to account, beneficiaries often ask the court to compel an accounting early. That accounting frequently becomes the turning point, because it shows what money came in, where it went, and whether the trustee followed the rules.
Step three is a hearing or trial. Some trustees resign once the evidence is clear. Others fight. If the dispute persists, the court holds a hearing, and sometimes an evidentiary trial where witnesses testify and records are introduced. The judge decides whether removal is supported by a preponderance of the evidence. If so, the judge signs an order removing the trustee and setting the terms of the transition.
What beneficiaries should expect about timing
There is no single timeline for removal. A cooperative trustee may resign quickly. A defensive trustee can drag things out. Still, beneficiaries should not accept years of drift. In many cases, the first major hearing occurs within a few months of filing, and removal can follow within the year if evidence is strong. When the facts are heavily disputed, a trial can extend the case.
Many removal matters resolve through mediation before trial. Mediation gives beneficiaries a chance to demand a resignation, a new trustee, and financial correction without burning through trust funds in court. Trustees often agree to step aside once they see the accounting and understand their personal exposure. Any settlement should be written and approved by the court so the handoff is enforceable.
Temporary protection while the case is pending
Sometimes trust assets are in immediate danger. In those cases, beneficiaries can seek temporary court orders. Courts can suspend a trustee, freeze accounts, or block property sales while the removal petition is pending. These orders require strong proof of urgency, but they are available when the trust is vulnerable. The goal is to stop further damage before the final ruling.
Surcharge and repayment
Removal fixes the future, not the past. If a trustee caused loss, California courts can surcharge the trustee, meaning the trustee must repay the trust personally. Surcharge is common in self dealing matters, missing funds cases, and negligent management that destroys value. The threat of surcharge also creates leverage in settlement. Trustees often resign once they realize they may be paying out of pocket.
Choosing the replacement trustee
Most trusts name a successor trustee. But in disputed families, the successor may be part of the same conflict, or may lack the skills to take over a complex trust. Beneficiaries can ask the court to appoint a neutral professional fiduciary instead. Judges often approve this when assets are significant, administration is complicated, or family hostility makes fair management unlikely. Professional trustees charge fees, but those fees are often far less than the cost of continued conflict and litigation. A neutral trustee also creates a clean accounting baseline that helps close the book on the prior trustee’s conduct.
Defenses trustees often raise
Trustees rarely concede removal without a fight. The same defenses appear over and over.
“I have discretion.” Trustees may claim broad discretion over timing or investments. Discretion exists, but it does not excuse unreasonable conduct, bad faith, or self interest.
“The beneficiaries are just angry.” Courts do not remove trustees because beneficiaries are upset. But courts also do not ignore hard evidence of wrongdoing because the trustee labels the family as difficult.
“Nothing is missing.” Courts rely on records, not assurances. An accounting, bank statements, and transaction history matter more than a trustee’s confidence.
“Delays were necessary.” Some delays are legitimate. Many are not. A trustee who cites delay must show what work was done and why the delay was reasonable.
Understanding these defenses helps beneficiaries stay focused on proof instead of getting pulled into emotional side fights.
A realistic example
Consider a trust holding a house and investment accounts. The trustee is one adult child. After death, the trustee moves into the house, uses trust funds to pay personal bills, and refuses to provide a timeline or accounting. A year passes with no distributions. The trustee says the trust needs time and tells siblings to stop asking questions. These facts support removal. They also raise likely surcharge claims for self dealing and failure to account. With discovery, a court can remove the trustee, order repayment, and name a neutral successor.
Courts see versions of this pattern constantly. The key is acting before the damage becomes permanent.
How Trust Law Partners can help
Trustee removal cases are evidence driven. The trustee removal attorneys at Trust Law Partners focus on securing accountings, tracing transactions, and presenting a clear story to the court. We may also push matters toward early resolution, where such resolution may best preserve and protect the trust assets and avoid wasting trust funds unnecessarily.
If you suspect a trustee is hiding information, misusing property, or blocking fair distributions, you do not have to wait and hope things improve. The Probate Code provides direct remedies, and acting early often prevents losses that cannot be undone.
Trust Law Partners, LLP represents beneficiaries across California in serious trust disputes, including trustee removal and asset recovery matters. If you believe a trustee is failing in their duties, call us to discuss your options. We will give you a candid assessment of the evidence and a plan to protect the trust and your share.
Call Trust Law Partners today for a free consultation at 833-982-2079.