{"id":6989,"date":"2026-11-02T05:23:26","date_gmt":"2026-11-02T05:23:26","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/what-happens-after-petition-remove-trustee-florida\/"},"modified":"2026-11-05T04:51:50","modified_gmt":"2026-11-05T04:51:50","slug":"what-happens-after-petition-remove-trustee-florida","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/what-happens-after-petition-remove-trustee-florida\/","title":{"rendered":"Petition to Remove a Trustee Florida: What Happens Next"},"content":{"rendered":"\n
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Trust Litigation | Coral Gables, Florida<\/p>

Petition to Remove a Trustee in Florida: What Happens Next<\/h1>

Trust Counsel, PL represents beneficiaries, heirs and fiduciaries in trust litigation. Here is how a petition to remove a trustee moves through the court, and what each step means for you.<\/p>

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By Leslie V. Marenco \u00b7 Published November 2, 2026<\/p>\n\n

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Filing a petition to remove a trustee opens a court case. It does not remove the trustee on the day it is filed. In Florida, the judge reviews the grounds, the trustee receives notice and responds, both sides exchange information, the court may protect trust property, and a hearing comes before any final ruling.<\/p>\n

Many people read about trustee removal after a trustee stops sending reports, delays payments, or makes decisions that worry the family. The steps below describe the process only. They do not predict how any case will end, because each case turns on its own facts and the trust’s language.<\/p>\n

What a Petition to Remove a Trustee Is in Florida<\/h2>\n

A petition to remove a trustee is a formal request asking a Florida court to take a trustee out of office. Under Fla. Stat. \u00a7 736.0706<\/a>, the settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, and the court may also remove a trustee on its own initiative.<\/p>\n

Under that statute, the settlor, a cotrustee or a beneficiary may ask the court to remove a trustee. The court can also remove a trustee on its own initiative. The settlor is the person who created the trust. A cotrustee shares the trustee role with someone else. A beneficiary is a person the trust benefits.<\/p>\n

Filing alone does not remove anyone. The petition asks the court to decide the question. The statute also lets the court order protective relief while the request is pending.<\/p>\n

Who can file?<\/strong> The settlor, a cotrustee or a beneficiary can ask the court to remove a trustee under the statute.<\/p>\n\n

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If a trustee has gone silent or is holding back trust distributions, you may have a claim worth discussing, and you don't have to sort it out alone. Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

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Grounds the Court Considers Under Fla. Stat. 736.0706<\/h2>\n

The court may remove a trustee only for reasons the statute lists. The removal statute<\/a> lists these grounds:<\/p>\n