How and When Can a Trustee Be Removed in California?

Under California Probate Code § 15642, a court may remove a trustee for breach of fiduciary duty, dishonesty, gross negligence, incapacity, self-dealing, persistent failure to communicate with beneficiaries, or any conflict of interest that substantially impairs their ability to administer the trust. 

Removal is initiated by filing a petition in the California Superior Court, where any beneficiary or interested party generally has standing to bring the action. In urgent situations,  such as when a trustee is actively dissipating assets, the court can also suspend the trustee or issue a restraining order while the matter is pending. If removal is granted, a successor trustee is appointed based on the trust document or the court's discretion. 

If you believe a trustee is mismanaging assets, withholding information, or acting in bad faith, early legal intervention is essential, and Fox Law is experienced in representing beneficiaries in trustee removal proceedings throughout California.