What it means
The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or the court may remove a trustee on its own initiative (subsection (1)). Under subsection (2), the court may remove a trustee if the trustee has committed a serious breach of trust; if lack of cooperation among cotrustees substantially impairs administration of the trust; or if, due to the trustee's unfitness, unwillingness, or persistent failure to administer the trust effectively, the court determines that removal serves the interests of the beneficiaries.
A fourth ground applies when there has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries. The court must also find that removal serves the interests of all of the beneficiaries, is not inconsistent with a material purpose of the trust, and that a suitable cotrustee or successor trustee is available. Pending a final decision, or in lieu of or in addition to removal, the court may order appropriate relief under § 736.1001(2) to protect the trust property or the beneficiaries' interests (subsection (3)).
- The settlor, a cotrustee, or a beneficiary may request removal; the court may also act on its own initiative. (§ 736.0706(1))
- Ground: the trustee has committed a serious breach of trust. (§ 736.0706(2)(a))
- Ground: lack of cooperation among cotrustees substantially impairs administration. (§ 736.0706(2)(b))
- Ground: unfitness, unwillingness, or persistent failure to administer effectively, where removal serves the beneficiaries' interests. (§ 736.0706(2)(c))
- Ground: substantial change of circumstances or request of all qualified beneficiaries, plus court findings on beneficiaries' interests, material purpose, and a suitable successor. (§ 736.0706(2)(d))
- Pending decision, or in addition to removal, the court may order relief under § 736.1001(2). (§ 736.0706(3))
Text of the statute (2026)
(1) 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.
(2) The court may remove a trustee if: (a) The trustee has committed a serious breach of trust; (b) The lack of cooperation among cotrustees substantially impairs the administration of the trust; (c) 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; or (d) There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.
(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.
Excerpts are the subsections the summary relies on. Read the full official text of § 736.0706.
History. s. 7, ch. 2006-217.
How it applies
Section 736.0706 lists specific grounds, and a removal request must fit one of them. The first three grounds are a serious breach of trust, cotrustee non-cooperation, and unfitness or persistent failure. The fourth does not require misconduct, but the court must make additional findings: removal serves the interests of all beneficiaries, is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor is available. Subsection (3) allows interim protective relief under § 736.1001(2), which lists remedies including compelling the trustee to perform duties, ordering an accounting, and appointing a special fiduciary.
Where this shows up
Pages on this site where § 736.0706 does real work:
Questions people ask
Sources
- Fla. Stat. § 736.0706 (2026) ("The court may remove a trustee if" (subsection (2)); standing in subsection (1))
- Fla. Stat. § 736.1001 (2026) (Subsection (2): remedies for breach of trust, referenced in § 736.0706(3))
Last checked: October 17, 2026
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