Florida trustee removal attorney

A Florida trustee removal attorney asks the probate court to take a trustee or an executor out of the job — the remedy for trustee misconduct and executor misconduct — and, where the money is already moving, to suspend them before the case is ever tried. Trustee removal does not require proving dishonesty. Two of Florida’s four statutory grounds are satisfied by a trustee who has simply stopped doing the work.

Jose M. Lorenzo, Jr. handles trustee and personal representative removal in all 67 Florida counties, in English and in Spanish. The initial consultation is free.

Updated August 7, 2026. Every statute below was read against the current Florida Statutes this week. The provision most beneficiaries never reach is §736.0706(3), which lets a court act “in lieu of or in addition to removing a trustee” while the case is still pending — the difference between a remedy in two years and a remedy this month.

How do you remove a trustee in Florida?

By petition to the circuit court, on one of four grounds — and the court can also do it on its own.

§736.0706(1) sets out who may ask:

“The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on the court’s own initiative.”

Three things follow from that single sentence, and each of them surprises people:

• A beneficiary can bring it. You do not need the settlor’s agreement, the other beneficiaries’ agreement, or a majority of anyone.
• You do not need the trust document to allow it. The statutory power exists independently of what the instrument says.
• The judge can raise it. Removal is not purely a private matter between the parties.

The practical route is a petition to remove trustee, filed in the circuit court with jurisdiction over the trust, usually paired with a petition to compel an accounting and — where the facts justify it — a request for interim relief under §736.1001(2).

What are the grounds for removing a trustee?

Four, under §736.0706(2), quoted exactly:

Ground	Statutory language	Does it require dishonesty?
Serious breach of trust	“The trustee has committed a serious breach of trust”	Not necessarily
Cotrustee deadlock	“The lack of cooperation among cotrustees substantially impairs the administration of the trust”	No
Unfitness or failure to act	“Due to the unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries”	No
Changed circumstances / all beneficiaries request it	“There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries…and a suitable cotrustee or successor trustee is available”	No

Read the third ground again. Unfitness, unwillingness, or persistent failure — none of those words requires theft, fraud, or even bad faith. A trustee who has simply gone quiet, missed the accountings and stopped administering is removable on that ground alone, and it is the ground most Florida removal petitions are actually won on.

The fourth ground matters in a different way: where all the qualified beneficiaries want the trustee out and a suitable successor exists, the court weighs whether removal serves everyone’s interests and is not inconsistent with a material purpose of the trust. Misconduct is not an element of that ground at all.

Underlying all of it is §736.0801, the baseline obligation:

“Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this code.”

Can a beneficiary sue a trustee?

Yes. A beneficiary has standing in their own right, and does not need anyone’s permission.

Suing a trustee in Florida is not one claim but a set of them, and they are ordinarily pleaded together rather than chosen between.

The claims available to a beneficiary against a trustee are broader than most people expect, and they can be pleaded together:

• Removal under §736.0706
• Breach of trust, with damages measured under §736.1002 as the greater of what the trust lost or what the trustee gained
• Petition to compel an accounting under §736.0813
• Surcharge — a personal money judgment against the trustee
• Denial or reduction of the trustee’s compensation
• Constructive trust and tracing under §736.1001(2)
• Civil theft under §772.11 where property was taken outright — treble damages and attorney’s fees on clear and convincing proof, after a written pre-suit demand

And fees can come out of the trust rather than out of you. §736.1005 allows an attorney who has rendered services to a trust to be awarded reasonable compensation from the trust, and gives the court discretion to direct from what part of the trust the fees are paid — including against a particular beneficiary’s share, in proportions the court finds just. Notably, that assessment does not require a finding of bad faith. Ask about this at the first meeting; it frequently decides whether a case is worth bringing.

What if the trustee refuses to give an accounting?

That is a breach on its own, it is the easiest one to prove, and it is usually how a removal case starts.

§736.0813 opens with a duty, not an option:

“The trustee shall keep the qualified beneficiaries of the trust reasonably informed of the trust and its administration.”

And §736.08135 says what an accounting must actually contain — which is why a one-page summary is not an accounting:

• a statement identifying the trust, the trustee, and the period covered
• all cash and property transactions, and all significant transactions affecting administration during the period — including the compensation paid to the trustee
• for each asset, both the acquisition or carrying value and the estimated current value
• each known noncontingent liability, with an estimated current amount
• allocations between income and principal where they affect a beneficiary’s interest

The standard is a “reasonably understandable report” that “adequately discloses” the required information. A spreadsheet with no opening balance, no current values and no trustee compensation line does not meet that test, and saying so is often the fastest way to move a case.

⚠️ But read what arrives, the day it arrives. §736.1008 bars a claim over any matter “adequately disclosed in a trust disclosure document” unless suit begins within six months after receipt. Receipt — not discovery, not understanding. An accounting filed away unopened can be the document that defeats you.

Can a trustee sell trust property without all beneficiaries approving?

In most cases, yes — and this is the single most common misunderstanding in Florida trust disputes.

§736.0816(2) grants the trustee power to:

“Acquire or sell property, for cash or on credit, at public or private sale.”

The same section lets the trustee borrow money and mortgage or pledge trust property, and enter into leases — including leases extending beyond the duration of the trust. These powers belong to the trustee, subject to the trust instrument and the rest of the Trust Code. Beneficiary consent is not a precondition to a sale.

So a beneficiary who objects to a sale cannot usually stop it merely by withholding agreement. What they can do is different, and often stronger:

• Test the sale for self-dealing. §736.0802(2) makes a transaction affected by a conflict between the trustee’s fiduciary and personal interests voidable by a beneficiary — and subsection (3) presumes the conflict where the buyer is the trustee’s spouse, descendant, sibling, parent, or certain affiliated persons and entities. You do not have to prove the price was bad.
• Test it against the duty of loyalty. §736.0802(1) requires the trustee to administer the trust “solely in the interests of the beneficiaries.”
• Test the price and the process as a breach of trust — an asset sold cheaply is measured under §736.1002, which includes the appreciation the trust would have earned had the breach not occurred.
• Seek an injunction. §736.1001(2) lets the court enjoin the trustee from committing a breach, before it happens.

The question is almost never “did they need my signature.” It is “who bought it, at what price, and who else benefited.”

Can a trustee go to jail for stealing from a trust?

Yes — but that is the State’s decision, not yours, and it is a separate track from getting the money back.

A trustee who takes trust property can face criminal exposure on two routes:

• Theft, graded by the value taken.
• Exploitation of an elderly person or disabled adult under §825.103, which specifically reaches a person “who stands in a position of trust and confidence” with the victim — precisely the trustee relationship.

The §825.103 grading:

Value taken	Degree
$50,000 or more	First-degree felony
$10,000 to under $50,000	Second-degree felony
Under $10,000	Third-degree felony

Three practical points about a trustee stealing from a trust. First, a criminal charge is brought by the State Attorney; a family cannot compel one. Second, the civil case does not wait — removal, surcharge, tracing and civil theft all run independently, and the civil standard of proof is lower. Third, §772.11 civil theft is usually the more useful tool, because it delivers treble damages and attorney’s fees to the family rather than a sentence to the State.

How long does a trustee have to distribute assets?

Florida sets no single deadline — which is exactly why “the trustee is taking too long” is a real claim rather than an impatient one.

There is no statute saying a trust must be distributed within twelve months. What the Trust Code supplies instead is a set of dated, enforceable obligations whose breach is measurable:

Obligation	Timing	Section
Notice of acceptance of trusteeship, with name and address	Within 60 days of accepting	§736.0813
Notice the trust exists, who created it, and the right to request a copy	Within 60 days of the trust becoming irrevocable	§736.0813
Trust accounting	At least annually, on termination, and on a change of trustee	§736.0813
Administer in good faith and in the beneficiaries’ interests	Continuous	§736.0801

So the question to ask is not “how long is too long.” It is whether the trustee has met the obligations that do have dates. A trustee three years into an administration who has never produced an annual accounting has breached a specific, dated duty — and “persistent failure…to administer the trust effectively” under §736.0706(2)(c) is a removal ground that fits that fact pattern precisely.

Delay also has an ordinary explanation worth ruling out first: an unresolved tax matter, litigation the trust is party to, an illiquid asset, or a beneficiary who cannot be located. A trustee who explains the delay is in a very different position from one who does not answer.

What if the trustee will not communicate with the beneficiaries?

Silence is not neutral in Florida. It breaches a positive duty and it is an independent removal ground.

§736.0813 requires the trustee to keep qualified beneficiaries “reasonably informed” — an affirmative duty to tell, not merely a duty to answer when asked. A trustee who does not return calls, will not say what the trust holds, or will not provide the instrument is failing that standard whether or not the money is intact.

And it maps directly onto §736.0706(2)(c): “unfitness, unwillingness, or persistent failure…to administer the trust effectively.” A trustee who has gone quiet has, in the statute’s own words, been unwilling.

Practical sequence that works:

1. A written request for the trust instrument and an accounting, dated, sent so that receipt can be proved.
2. A reasonable deadline stated in that letter.
3. A petition to compel an accounting if the deadline passes — short, cheap, and hard to defend.
4. A removal petition where the silence has persisted, pleading §736.0706(2)(c) alongside the failure to account.

Put the request in writing even if you have asked verbally ten times. The dated letter that went unanswered is the exhibit; the ten phone calls are not.

How do you remove an executor in Florida?

By petition under §733.504 — and Florida gives twelve grounds, several of which do not require any wrongdoing.

So the answer to can an executor be removed is yes, on the same footing as a trustee. The mechanics of how to remove an executor in Florida differ from the trust side only in which chapter supplies the grounds.

Florida calls the executor a personal representative. §733.504 lists the grounds; the ones that actually arise:

• failure to comply with a court order
• failure to account for the sale of property or to produce estate assets
• waste or maladministration of the estate
• holding an interest adverse to the estate that will or may interfere with administration
• failure to give bond or file required returns
• felony conviction, incapacity, or removal of domicile from Florida making them unqualified

§733.506 supplies the procedure, and it mirrors the trust side: proceedings “may be commenced by the court” or “upon the petition of an interested person.” The court then revokes the letters of the removed personal representative — and removal does not relieve the former representative or their surety from liabilities already incurred.

The adverse-interest ground is the quiet one. A personal representative who is also a beneficiary, and who is buying estate property or pressing their own claim against the estate, may be removable on the conflict alone, with no allegation of dishonesty anywhere in the petition.

Note also that the bond dies with the estate: §733.901 provides that discharge releases the personal representative “and the surety.” Once the estate closes, the second source of recovery closes with it.

What is a reasonable executor fee in Florida?

Florida publishes a percentage schedule, and it is a presumption — not a ceiling and not a floor.

§733.617 sets the commission for ordinary services on the compensable value of the estate:

Compensable value	Rate
First $1 million	3%
Above $1M to $5 million	2.5%
Above $5M to $10 million	2%
Above $10 million	1.5%

The statute then says:

“A commission computed on the compensable value of the estate is presumed to be reasonable compensation for a personal representative in formal administration.”

Presumed — which means it can be attacked. The same section provides:

“Upon petition of any interested person, the court may increase or decrease the compensation for ordinary services of the personal representative or award compensation for extraordinary services if the facts and circumstances of the particular administration warrant.”

Any interested person can petition. So a beneficiary who believes the commission is out of proportion to the work — a simple estate of one house and two accounts, closed in eight months — can ask the court to reduce it, and the burden of justifying it shifts onto the person claiming the fee.

There is also a rule that catches people out: an attorney who prepared or supervised the execution of the will that nominated them as personal representative is not entitled to compensation for serving, unless they are related to the testator or made specific statutory disclosures to the testator before the will was signed. If the drafting lawyer is also the executor, check whether those disclosures were made.

What is a reasonable trustee fee?

On the trust side there is no schedule at all — only a standard.

§736.0708 provides that where the trust does not specify compensation, “a trustee is entitled to compensation that is reasonable under the circumstances.”

And where the trust does specify it, the court may still adjust it in two situations:

• “The duties of the trustee are substantially different from those contemplated when the trust was created”, or
• “The compensation specified by the terms of the trust would be unreasonably low or high.”

A trustee who renders other services in addition to acting as trustee is allowed reasonable compensation for those as well — which is where family trustees who also manage a business or a rental property often over-claim, and where a beneficiary should ask for the work to be itemised.

Two things to check on any trustee fee. First, the accounting must disclose the compensation paid to the trustee — §736.08135 requires it, so a fee that does not appear in the accounting is a disclosure failure before it is anything else. Second, the same drafting-attorney restriction applies: an attorney who drafted the trust generally cannot take trustee compensation absent a family relationship or the required prior disclosures.

Can a trustee be suspended before the case ends?

Yes, and this is the provision that changes outcomes.

§736.0706(3):

“Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under s. 736.1001(2) as may be necessary to protect the trust property or the interests of the beneficiaries.”

The menu in §736.1001(2) is wide. A court may:

• compel the trustee to perform, or to account
• enjoin the trustee from committing a breach
• compel redress of a breach by paying money or restoring property
• appoint a special fiduciary to take possession and administer the trust property
• suspend the trustee
• remove the trustee
• reduce or deny compensation
• void an act, impose a lien or constructive trust on trust property, or trace trust property wrongfully disposed of and recover it or its proceeds

Suspension plus a special fiduciary is the emergency package, and it is available while the removal petition is still pending. Where assets are being sold or moved, that combination is the difference between a remedy that matters and a judgment against someone with nothing left.

Can a trustee simply resign instead?

Often the case resolves this way, and it is worth knowing what resignation does and does not do.

§736.0705 permits a trustee to resign either by the procedure in the trust instrument, or:

• on at least 30 days’ notice to the qualified beneficiaries, the settlor if living, and all cotrustees; or
• with court approval

Resignation does not wipe the slate. A resigning trustee remains liable for what they did while serving. So a trustee who steps down mid-dispute has ended the removal question and not the accounting or surcharge question — and the successor trustee inherits the right to pursue the predecessor.

What can the court order?

Relief	Trust	Estate
Removal	§736.0706	§733.504
Suspension pending decision	§736.0706(3), §736.1001(2)	Court’s general authority; curator under §733.501
Compelled accounting	§736.0813	§733.212, court order
Money judgment	§736.1002 damages	Surcharge
Denial of compensation	§736.1001(2), §736.0708	§733.617
Constructive trust and tracing	§736.1001(2)	Equitable
Treble damages and fees	§772.11	§772.11
Fees from the fund	§736.1005	§733.106

The deadlines

Situation	Deadline	Section
Matter disclosed in a trust accounting	6 months from receipt	§736.1008
Any action against the personal representative	Ends at discharge	§733.901
Objection after service of a notice of administration	3 months	§733.212(3)
Breach of fiduciary duty generally	4 years	§95.11(3)

The six-month bar is the one that ends most trustee cases, and it runs from receipt of the accounting, not from the day you understood it. If accountings have been arriving for years, a separate clock has been running on each of them.

Where trustee removal cases are heard in Florida

In the circuit court for the county with jurisdiction over the trust or the estate. Because removal and suspension turn on how quickly you can get in front of a judge, the county’s emergency hearing procedure matters — each page below sets out that court, its filing rules and its emergency route.

County	Circuit	Page
Miami-Dade	Eleventh	Miami probate litigation attorney
Broward	Seventeenth	Fort Lauderdale probate litigation attorney
Palm Beach (north)	Fifteenth	West Palm Beach probate litigation attorney
Palm Beach (south)	Fifteenth	Boca Raton probate litigation attorney
Hillsborough	Thirteenth	Tampa probate litigation attorney
Pinellas & Pasco	Sixth	Pinellas County probate litigation attorney

Trustee and executor removal matters are handled in all 67 counties.

What does a trustee removal case cost?

A trustee removal attorney prices the work by how much of the record already exists, not by the size of the trust.

What moves the number:

• whether any accounting has ever been produced — a petition to compel is short; reconstructing an unaccounted decade is not
• whether the removal ground is documentary (missed accountings, no communication) or evidentiary (a disputed sale, a valuation fight)
• whether interim relief is sought, which front-loads the work into the first weeks
• whether the trustee is also a beneficiary, which merges two disputes
• whether the complaint is executor misconduct in an open estate or trustee misconduct in a trust that has been running for years
• whether civil theft is available, which brings fees and treble damages
• how many cotrustees or beneficiaries must be served, and how many are out of state
• whether fees can be sought from the trust under §736.1005

Ask about §736.1005 at the first meeting. The court’s power to award fees from the trust — and to direct which share bears them, without any finding of bad faith — is the single biggest variable in what a Florida trustee removal case actually costs a beneficiary.

What you will not find here is a prediction of your odds. Rule 4-7.13 prohibits promises about outcomes.

Credentials you can check

The Florida Bar certifies in Wills, Trusts and Estates, and Rule 4-7.14 permits specialist or expert only where the claim is objectively verifiable.

• Jose M. Lorenzo, Jr., Florida Bar No. 107002 — confirmable free through The Florida Bar’s member directory.
• Practice concentrated in probate, wills, trusts and the transfer of Florida real property.
• Solo practice: the person who answers the phone files the petition and appears at the hearing.
• Service in English and Spanish, in all 67 counties.

Rule 4-7.13 prohibits unsupported comparisons, so you will not read that this is the best firm in Florida.

What to do this week

If an accounting has arrived, the six-month clock in §736.1008 started the day you received it — not the day you read it. And if assets are being sold or moved right now, suspension under §736.0706(3) is available while the removal petition is still pending.

Bring five things:

1. The trust instrument and every amendment, or the will and the letters of administration.
2. Every accounting or statement the trustee or personal representative has produced, with the date each arrived.
3. Your written requests to the fiduciary — especially the ones that went unanswered.
4. Anything showing what the trust or estate holds: bank and brokerage statements, deeds, closing statements for anything sold.
5. The names of the cotrustees, successor trustees and beneficiaries, and where they live.

Speak to a Florida trustee removal attorney directly — a trustee removal lawyer who will read the accountings before advising you. Jose M. Lorenzo, Jr. — (305) 224-6811. Free consultation in English or Spanish, statewide. You can also write from the contact page.

Related: Florida breach of fiduciary duty attorney · Florida trust litigation attorney · Florida estate litigation attorney · Florida undue influence attorney · Florida will contest attorney · Florida inheritance lawyer · Florida probate litigation lawyer. Esta página en español: impugnar un testamento en Florida.

About this page. Author and reviewer: Jose M. Lorenzo, Jr., Florida Bar No. 107002. Every statute cited was read against the Florida Statutes on August 7, 2026.

This page offers general information about Florida law and is not legal advice for a specific case. Reading it does not create an attorney-client relationship. Every trust and estate turns on its own facts, and the law changes.