How to remove a trustee in California
If the trustee of a California living trust is hiding information, stalling, using trust money for themselves, or treating you unfairly, you may be able to have a court remove them. We represent beneficiaries — never trustees.
Request a Free Case ReviewSigns your trustee may be breaching fiduciary duty
No accounting or refuses to answer questions about the trust.
Months or years pass without distributions.
Trust property is sold, rented, or lived in for the trustee's own benefit.
Trust funds are mixed with personal accounts, or excessive fees are paid.
How trustee removal works
We review the trust and the trustee's conduct, demand an accounting, and, when justified, file a petition in California probate court to suspend or remove the trustee, appoint a neutral successor, and seek surcharge for losses.
Common questions
Can a beneficiary remove a trustee in California?
Yes. Under California Probate Code section 15642, a beneficiary can petition the court to remove a trustee for reasons such as breach of trust, hostility or failure to cooperate, unfitness, or charging excessive compensation.
What counts as a breach of fiduciary duty by a trustee?
Examples include refusing to give an accounting, self-dealing, mixing trust money with personal funds, favoring one beneficiary, unreasonable delays, and selling trust property below value.
Do I have to pay hourly fees to remove a trustee?
No. We do not charge hourly. We charge a $3,800 flat fee and the remaining fee is on contingency, based on what we recover.
Also see: Removing a trustee · Getting paid from a trust · Our fees
We represent beneficiaries only, for trusts and estates located in California. This page is general information, not legal advice.
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