Florida Trust Litigation | Coral Gables, Florida
Do All Trustees Have to Agree? Florida Co-Trustee Rules
When co-trustees disagree, the trust terms, Florida law and the facts of the case all matter. Trust Counsel, PL represents trustees, beneficiaries and heirs in trust disputes. Your first consultation is free, confidential and comes with no obligation to continue.
By Leslie V. Marenco · Published November 1, 2026
Do all trustees have to agree? No. Under Florida’s trust code, co-trustees who cannot reach a unanimous decision may act by majority decision. The trust document can change that rule, so its wording is the first place to look. This page is written by Leslie V. Marenco, a lawyer at Trust Counsel, PL in Coral Gables.
The short answer: co-trustees don’t always need every vote
Co-trustees are not always required to agree unanimously. Florida’s cotrustee statute says co-trustees who can’t reach a unanimous decision may act by majority. In practice, “agree” means the trustees act together on a trust power. That can mean selling a house, making a distribution, or hiring an investment manager.
Unanimity is the goal, but the statute gives a fallback when it fails. A co-trustee who does not join an action is generally not liable for it. There is one catch. Under Fla. Stat. § 736.0703(7), each cotrustee shall exercise reasonable care to prevent a cotrustee from committing a breach of trust and to compel a cotrustee to redress a breach of trust, except as otherwise provided in s. 736.1412. Under s. 736.1412, a trustee given the power to direct or prevent actions of the others is liable to the beneficiaries for exercising that power as if the excluded trustees were not in office.
If co-trustees can't agree on a sale, a distribution or an account, you don't have to work through the trust language alone. Talk with our Coral Gables attorneys. Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.
How co-trustees act together day to day
Co-trustees share the work, but each one must take part. The exceptions are absence, illness, disqualification, other temporary incapacity, or a properly delegated duty.
Delegation has limits. A co-trustee can also revoke a delegation that was already made.
Take two siblings who hold a house in a trust. One wants to sell and the other wants to keep it. A sale is a decision about trust property, so both should weigh in. If one sibling is sick and a buyer’s deadline is close, the other may act.
What the trust document can change
The trust’s own terms usually control. Florida’s default and mandatory rules say the code applies “except as otherwise provided in the terms of the trust.” That gives the trust real room to set how co-trustees decide.
Some duties cannot be removed by the trust’s terms. Subject to s. 736.1409, relating to the duties and liabilities of a directed trustee; s. 736.1411, relating to limitations on duties of a trustee or trust director to monitor, inform, or advise on matters involving the other; and s. 736.1412, relating to the allocation of powers among cotrustees, a trustee must still act in good faith, in line with the trust’s terms and purposes, and in the beneficiaries’ interests.
Check every version of the document. Under Florida’s rules on revoking or amending a trust, the settlor may revoke or amend a trust unless its terms expressly say it is irrevocable, though this rule does not apply to a trust created under an instrument signed before the Florida Trust Code took effect.
Can a trust have one trustee, and who takes over?
When only one trustee serves, there is no co-trustee vote. That person acts alone.
When one or more co-trustees remain, Florida’s vacancy rules say a vacancy need not be filled. A vacancy must be filled only when the trust has no remaining trustee. For a noncharitable trust, the first choice is a person named in the trust. Next comes a person chosen by unanimous agreement of the qualified beneficiaries. The court is the last option.
Who takes over if a trustee leaves?
The trust names the successor first, if it does. If it doesn’t, the qualified beneficiaries can agree on someone unanimously. If they can’t, a court can appoint a trustee.
Trust Counsel’s attorneys can serve individually as trustee or personal representative, and the firm advises and represents trustees, personal representatives and beneficiaries.
When trustees cannot agree: court options
A court can step in when co-trustees are stuck. The statute also lists instructing trustees and deciding matters between trustees and beneficiaries as matters a court can hear, per Florida’s role-of-court statute.
A trustee, as an interested person, can invoke the court’s jurisdiction, and the court may then intervene in the administration of the trust to that extent. A fiduciary may ask the court for instruction before acting. Under § 738.202(4), when the fiduciary files that petition, the court can decide whether a proposed decision on income and principal would amount to an abuse of the fiduciary’s discretion. Under § 738.202(4), if the fiduciary’s petition describes the proposed decision, contains sufficient information to inform the beneficiary of the reasons for making it and the facts on which the fiduciary relies, and explains how the beneficiary will be affected, a beneficiary who opposes the proposed decision has the burden to establish that it will result in an abuse of the fiduciary’s discretion. Under Florida’s judicial review statute, a court may not order a fiduciary to change a fiduciary decision, meaning an allocation between income and principal or an exercise or nonexercise of a discretionary power over income and principal, unless the court determines that the decision was an abuse of the fiduciary’s discretion. A court may not find an abuse of discretion merely because it would have exercised the discretion in a different manner.
Can the court add a trustee?
Yes. The court may appoint an additional trustee or special fiduciary when it finds that necessary for the trust’s administration. The result depends on the trust terms and the facts of the case.
Talk with a Coral Gables trust attorney about your situation
If you are a beneficiary, or a trustee caught between co-trustees who can’t agree on a sale, a distribution or an account, the trust can sit stuck while everyone waits. Leslie V. Marenco and the lawyers at Trust Counsel, PL can talk through the trust language and the disagreement with you. Call (305) 707-7126 to reach the Coral Gables office. The first consultation is free, confidential, and carries no obligation to continue.
Not sure what your next step is?
Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.
Frequently Asked Questions
Do all trustees have to agree on every decision?
What happens if cotrustees cannot agree?
Cotrustees who disagree may try to resolve the issue through discussion, the trust terms, or a petition to a court for instructions. The outcome depends on the trust document and the facts of each case, so the next step should be based on the specific trust.
Can a trust document let a majority of trustees decide?
Yes. A trust can set different decision rules, such as majority voting or allowing one trustee to act alone on certain matters. Those terms generally control if they are valid under Florida law and clearly stated in the trust document.
Can a trustee be held responsible for a decision they opposed?
Trustees have ongoing duties to the beneficiaries, so a trustee who disagrees with a decision should get legal advice before acting or refusing to act. Trust Counsel, PL offers a free first consultation that is confidential and carries no obligation to continue.
Why Talk With Trust Counsel, PL
Coral Gables Office
Our only office is in Coral Gables, Florida. We serve clients in Fort Lauderdale, Boca Raton, West Palm Beach, Doral, Kendall, Pinecrest, Key Biscayne, Aventura and throughout Florida.
Trust Document Review
Co-trustee questions usually start with the trust instrument. We review its language on decision-making, administration and the duties of each trustee.
Representing All Sides
The firm advises and represents trustees, personal representatives and beneficiaries. Trust Counsel's attorneys can serve individually as trustee or personal representative.
Responsible Attorney
Leslie V. Marenco is responsible for this page. Tanya Vega is also a lawyer at the firm.
Do Not Let a Co-Trustee Dispute Stall the Trust
Unresolved disagreement between co-trustees can delay distributions, add cost and strain family relationships. Reviewing the trust document and your options early gives you more choices.
Common Steps When Co-Trustees Disagree
Review the Trust Terms
Start with the trust document. Its provisions on joint decisions, majority votes, and how trustees resign or are replaced may shape what happens next.
Document the Disagreement
Keep a written record of proposed actions, responses and the reasons each trustee gives. Clear records help any later discussion or court filing.
Seek a Negotiated Resolution
Many co-trustee disputes are narrowed through direct discussion, mediation or written agreement among the trustees and beneficiaries.
Ask a Court for Instructions
When the trustees cannot agree, a petition to a court for instructions is one option. Whether it fits depends on the trust and the facts of your case.