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Trustee, Removal, Suspension, & Resignation
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Overview Trustee Removal Removal Petitioners Voluntary Exit Sample Case FAQ How We Can Help
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Legal Guidance When Change Is Needed

Trustees are entrusted with significant responsibility. But when a trustee fails to act in the best interests of the trust or its beneficiaries—or is no longer able or willing to serve—it may be necessary to pursue removal, suspension, or resignation. At Burrey Law Group, Inc., we represent trustees, beneficiaries, and heirs through these transitions with professionalism, discretion, and legal clarity.

Whether you’re seeking to replace a trustee or are a trustee looking to step down, we’re here to help you navigate the process.

When Can a Trustee Be Removed or Suspended?

Under California law, a trustee can be removed by the court for a variety of reasons, including:

Successor Trustee
Breach of fiduciary duty
Successor Trustee
Failure to communicate with beneficiaries
Successor Trustee
Incapacity or inability to perform required duties
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Incapacity or inability to perform required duties
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Hostility or conflict that impairs trust administration
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Failure to provide accountings or follow trust terms
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Who Can Request Trustee Removal?

Beneficiaries, co-trustees, or other interested parties may file a petition to remove or suspend a trustee. The court will evaluate the trustee’s conduct and determine whether removal is necessary to protect the trust and its beneficiaries.

Our role is to help you present a strong case with supporting evidence—or, if you’re the trustee, to defend against unfair allegations and ensure your side is heard.

Trustee Resignation

Sometimes, a trustee may wish to resign due to personal reasons, health concerns, or the complexity of the trust. In these situations, we assist with:

  • Drafting a formal resignation
  • Ensuring the transition to a successor trustee is smooth
  • Complying with legal notice and reporting requirements

Voluntary resignation can help avoid conflict or liability when a trustee is no longer able to fulfill their role.

Illustrative Example

Imagine this scenario: A trustee is named to oversee a family trust, but months into the role, beneficiaries notice unexplained delays, poor communication, and questionable decisions. Tensions rise as concerns about mismanagement grow.

In a case like this, a legal team might petition the court for the trustee’s removal or suspension, ensuring the trust is protected and administered properly. In some situations, the trustee may choose to resign voluntarily and transition the role to a neutral third party—minimizing further conflict.

Not always. Some trusts allow for resignation without court involvement, but proper notice and documentation are still required.

The court can appoint a new trustee if none is named or if the named successor is unable or unwilling to serve.

Yes. If there is evidence of misconduct or inability to serve, a court can remove the trustee even if they object.

Delay in addressing serious issues can harm the trust, cause financial loss, and lead to costly litigation. Early action helps protect everyone involved.

Yes. If a co-trustee believes another trustee is acting improperly, they may petition the court for removal.

Frequently Asked Questions

Some of your burning questions have been answered.

Get in touch Helping You Make the Right Transition

Trustee changes can be sensitive and complex. At Burrey Law Group, Inc., we help clients manage these transitions with care—protecting the trust, honoring the grantor’s wishes, and reducing conflict whenever possible.

Contact us today to schedule a consultation and discuss your options.

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