US-CaliforniaCan a trustee be removed for breach of duty?
Yes, a trustee in California can be removed for breach of duty, including failure to perform duties, mismanagement of trust assets, or acting against the trust’s purpose.
What the Law Says
California law explicitly authorizes courts to remove trustees who breach their fiduciary duties. The Probate Code sets out specific grounds and procedures.
Under California Probate Code § 15642, a trustee may be removed by the court for several reasons, including breach of trust, unfitness, unwillingness or inability to administer the trust, or substantial change in circumstances making removal appropriate.
The statute also allows removal if the trustee has committed a serious breach of duty — such as failing to account, mismanaging assets, self-dealing, or acting contrary to the trust’s terms or beneficiaries’ interests.
Importantly, removal does not require proof of fraud or bad faith — negligence, incompetence, or persistent failure to act prudently is sufficient.
Statutory TextThe court may remove a trustee on any of the following grounds: (a) Breach of trust. (b) Unfitness, unwillingness, or persistent failure to administer the trust effectively. (c) Substantial change in circumstances.
— Probate Code § 15642(a)–(c) — Grounds for removal of trustee
What Courts Have Said
California courts have interpreted § 15642 broadly to protect beneficiaries and ensure faithful trust administration.
Held that repeated failure to provide accountings and delays in distributing trust assets constituted 'persistent failure to administer' justifying removal under § 15642(b).
Confirmed that breach of trust includes negligent mismanagement — not only intentional misconduct — and supports removal to safeguard trust property.
What to Do
File a petition for removal in the superior court where the trust is administered (usually the county of the settlor’s residence or trust situs).
Serve notice on the trustee and all current beneficiaries; include evidence of breach (e.g., missing records, self-dealing transactions, expert opinions).
Request temporary suspension of trustee powers if assets are at immediate risk.
Attend the hearing and present testimony or declarations showing the statutory ground(s) under Prob. Code § 15642.
If granted, the court will appoint a successor trustee — often a corporate trustee or qualified individual named in the trust or approved by the court.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.