US-New YorkCan a trustee be removed for mismanagement in New York?
Yes, a trustee in New York can be removed for mismanagement under the Estates, Powers and Trusts Law (EPTL) if they breach fiduciary duties, waste trust assets, or fail to perform required duties.
What the Law Says
New York law permits the removal of a trustee for cause, including mismanagement, under the Estates, Powers and Trusts Law. The statute sets forth specific grounds and procedures.
Under New York law, a trustee may be removed by the Surrogate’s Court if they have failed to perform their duties, committed a breach of trust, or otherwise acted in a manner that endangers the trust estate. Removal is not automatic — it requires a petition and proof of misconduct.
The court considers whether the trustee’s conduct undermines the trust’s purpose or harms beneficiaries’ interests. Mere disagreement over investment choices or administrative delays is usually insufficient unless shown to be reckless or persistent.
Removal may be sought by a co-trustee, beneficiary, or other interested party. The petitioner bears the burden of proving mismanagement by a preponderance of the evidence.
Statutory TextThe surrogate's court may remove a trustee whenever it appears that it is in the best interests of the estate or trust that he be removed, or whenever the trustee has failed to perform his duties, or has committed a breach of trust, or whenever any other ground exists which would cause a court of equity to remove a trustee.
— Estates, Powers and Trusts Law § 11-1.1(a) — Removal of trustee
What Courts Have Said
New York courts have interpreted EPTL § 11-1.1 to require concrete evidence of harm or serious dereliction—not mere dissatisfaction—to justify removal.
The court affirmed removal where the trustee failed to file required accountings for over five years, ignored beneficiary requests, and commingled trust funds with personal accounts.
Removal was denied where the trustee made poor but non-fraudulent investment decisions without evidence of bad faith or gross negligence.
What to Do
File a petition for removal in the Surrogate’s Court in the county where the trust is administered or where the trustee resides.
Attach evidence of mismanagement: unfiled accountings, bank records showing improper transfers, expert testimony on breaches, or correspondence showing refusal to act.
Serve the petition on the trustee and all interested parties (e.g., beneficiaries, co-trustees).
Attend the hearing and present evidence — the court may order an interim accounting or appoint a temporary trustee.
If successful, the court will issue an order removing the trustee and may appoint a successor or direct the appointment process per the trust instrument.
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.