How to Remove a Co-Trustee in California

You remove a co-trustee in California the same way you remove any trustee, by filing a petition under Probate Code §15642, but the grounds and the evidence usually look different because you already have inside access to the trust’s records. Serving as co-trustee with someone who won’t return calls, won’t sign off on distributions, or is quietly moving money without telling you is its own particular kind of stuck. You’re legally responsible for a trust you can’t fully control.

Why are co-trustee disputes different from other trustee problems?

Co-trustee disputes are different because California law generally requires co-trustees to act unanimously unless the trust document says otherwise, so one uncooperative co-trustee can freeze the entire administration. No distributions, no accounts closed, no property sold, until both agree or a court steps in.

This comes up constantly among siblings named co-trustees of a parent’s trust. It works fine when everyone agrees. It becomes unworkable fast when one sibling starts taking distributions for “expenses,” refuses to produce records, or stops responding altogether. The stuck co-trustee ends up with two problems at once: getting the trust administered properly, and protecting themselves from liability for what the other co-trustee is doing.

Am I liable for what my co-trustee does?

Yes, you can be personally liable for a co-trustee’s breach if you knew about it, went along with it, or failed to take reasonable steps to stop it, and this is the part people miss until it’s too late. Silence isn’t neutral when you’re a fiduciary.

If you suspect mismanagement or self-dealing, documenting your objections in writing, in real time, is one of the most important things you can do to protect yourself, separate from and in addition to any removal effort. An email that says you disagree with a transaction and asked for records, sent the day it happened, is worth far more later than a memory of having had concerns.

What are the grounds to remove a co-trustee?

The same statute, §15642, applies to co-trustee removals, and the grounds that come up most often between co-trustees are deadlock, breach of duty by one co-trustee, hostility that has broken down administration, and failure to account.

Deadlock

Deadlock means the co-trustees simply can’t agree, and that impasse is preventing administration from happening at all.

Breach of duty by one co-trustee

This covers self-dealing, undisclosed transactions, or a co-trustee favoring their own interests over the trust’s, which overlaps with the broader breach of trust ground that applies to any trustee. See our full grounds for trustee removal breakdown for how courts evaluate that.

Hostility and failure to account

When the relationship between co-trustees has deteriorated to the point that cooperation isn’t realistic, that breakdown itself can support removal. And a co-trustee who won’t produce records or respond to an accounting request gives both you and the court reason to question what’s being hidden.

What can you do short of filing a removal petition?

You have real options before removal, including requesting a formal accounting, petitioning to resolve a specific deadlock, or resigning yourself if that’s the safer path.

Request an accounting

Beneficiaries and co-trustees are entitled to an accounting under §16062. If your co-trustee won’t provide one voluntarily, a petition to compel puts a court order behind the request, which tends to get a faster response than another email.

Petition to resolve a deadlock

If the trust document lacks a tie-breaking mechanism, you can ask the court to instruct the trustees or resolve a specific dispute without removing anyone. This is a lighter-weight option than a full removal petition and sometimes gets the trust moving again without escalating the conflict further.

Resign, with protections in place

In some cases, staying on alongside someone you don’t trust is a bigger liability risk than stepping down. This isn’t the right call for every situation, but it’s worth weighing honestly, especially if your co-trustee’s conduct is already generating exposure you can’t fully control from inside the role.

How does the removal petition process work for co-trustees?

The petition is filed in the probate court with jurisdiction over the trust, laying out the §15642 grounds and the evidence: bank records, missed accountings, and written communications showing the breakdown. As a co-trustee, you often have direct access to trust records that an outside beneficiary wouldn’t, which can make your evidence stronger than a typical beneficiary’s petition.

The co-trustee named in the petition gets notice and an opportunity to respond. If the court finds grounds, it removes the offending co-trustee and either lets you continue as sole trustee or appoints a successor, depending on the trust document’s terms and the court’s findings.

What if trust assets are at risk right now?

If your co-trustee is actively transferring funds or selling property while this plays out, you don’t have to wait for a final hearing. California courts can issue temporary orders restricting a trustee’s authority while the removal petition is pending. Acting quickly matters more here than almost anything else in the process.

Can you recover money your co-trustee already cost the trust?

Removal by itself doesn’t make the trust whole if money is already gone. A surcharge action is the mechanism for recovering losses caused by a co-trustee’s misconduct, and it’s frequently filed alongside the removal petition so both issues get resolved in one proceeding rather than two. See our surcharge actions guide for more on how that works.

The honest caveat

Not every co-trustee conflict is a removal case, and it’s worth saying plainly that siblings serving together often carry old family friction into the role, which can make ordinary disagreements feel like misconduct even when they aren’t. Disagreeing about an investment decision, or being frustrated that your sibling is slower to respond than you’d like, isn’t the same as breach or deadlock in the legal sense. Courts look at whether the trust estate is genuinely at risk or stuck, not whether two people who never got along as siblings are still not getting along as trustees. Filing prematurely can also put you in an odd position if the court views your own conduct as part of the friction. Before filing, get a clear read on whether what you’re dealing with actually meets the statute.

Talk to a real California estate attorney

Being stuck as co-trustee with someone who won’t cooperate is stressful in a specific way, because you’re on the hook for a trust you can’t fully control. I’ll look at what’s actually happening, tell you honestly where your liability stands, and lay out whether an accounting request, a deadlock petition, or full removal fits your situation.

Talk to Eric Ridley is a free 60-minute consultation by phone or Zoom, anywhere in California. Or call (805) 244-5291.

Frequently asked questions

How do I remove a co-trustee in California?

You file a petition in probate court under Probate Code §15642, showing grounds like deadlock, breach of duty, hostility, or failure to account, along with supporting evidence such as bank records and missed accountings. The co-trustee gets notice and a chance to respond before the court rules.

Am I liable for my co-trustee’s misconduct?

You can be. If your co-trustee breaches their duties and you knew about it, went along with it, or failed to take reasonable steps to stop it, California law can hold you personally liable alongside them. Documenting objections in writing helps protect you.

Can one co-trustee act without the other?

Generally no. California law requires co-trustees to act unanimously unless the trust document says otherwise, which means one uncooperative co-trustee can freeze distributions, account closures, and property sales until both agree or a court intervenes.

What can I do short of removing my co-trustee?

You can request a formal accounting under §16062, petition the court to resolve a specific deadlock without removing anyone, or resign yourself if staying on creates more liability risk than stepping down. Removal isn’t the only option.

Can I recover losses my co-trustee caused to the trust?

Removal alone doesn’t make the trust whole. A surcharge action is the mechanism for recovering losses caused by a co-trustee’s misconduct, and it’s frequently filed alongside the removal petition so both issues resolve in one proceeding.

This is general information about California law, not legal advice for your situation.

How to Remove a Co-Trustee in California