Sometimes, and it depends entirely on what the trust document says. California gives beneficiaries no general statutory power to fire a trustee by vote. What many trusts give them is a contractual one, and that clause is the first thing to look for.
Is there a statutory power to remove a trustee without court?
No. Prob. Code § 15642(a) says a trustee may be removed in accordance with the trust instrument, by the court on its own motion, or on petition of a settlor, cotrustee, or beneficiary under § 17200.
Two of those three routes are the court. The first one, “in accordance with the trust instrument,” is the only out-of-court path, and it only exists if the drafter put it there.
What clause am I looking for?
Search the trust for a removal or appointment provision. Common headings are “Removal of Trustee,” “Appointment of Successor Trustee,” or “Trust Protector.”
The versions that actually work give a defined group a defined power. A majority of adult income beneficiaries may remove a trustee on 30 days written notice. Or the beneficiaries acting unanimously may appoint a successor. Or a named trust protector may replace the trustee at will.
If your trust has one of these, follow it exactly. These clauses are usually strict about who signs, how notice is given, and how long it runs. A removal that skips a step is worth nothing and hands the trustee an argument.
Can all the beneficiaries just agree?
Agreement alone doesn’t remove a trustee, but agreement plus the right clause does, and agreement matters even without one. § 15404 lets a trust be modified or terminated by written consent of the settlor and all beneficiaries without court approval.
The catch is the settlor. After death there is no settlor to consent, so § 15404 is a lifetime tool, not a post-death one. For an irrevocable trust after the settlor’s death the route is a court petition under §§ 15403 and 15409, which is not a private agreement.
What unanimous agreement does reliably achieve is making a trustee resign. A trustee facing every beneficiary in writing usually leaves rather than litigate, and a negotiated resignation costs a fraction of a removal petition.
How do I get a trustee to resign?
Put it in writing, jointly, and make leaving easier than staying. The letter that works is unemotional: it states the concerns as facts, names what you want, and offers terms.
Useful terms to offer: they keep compensation earned to date, you’ll sign a receipt for records delivered, and you’ll agree on the successor rather than fight about it. Combine that with a clear statement of what a § 17200 petition would allege and most trustees take the exit.
Have the resignation, the successor’s acceptance, and the records transfer papered properly. A trustee who walks away without a signed handover leaves title and bank problems behind them.
What if there is no clause and they won’t go?
Then it’s a petition, and § 15642(b) lists the grounds: breach of trust, insolvency or unfitness, hostility or lack of cooperation among cotrustees that impairs administration, failure or refusal to act, excessive compensation, and other good cause.
Two practical notes. Courts are more reluctant to remove the person the settlor chose than beneficiaries expect, so a documented pattern beats a list of grievances. And § 15642(d) allows the court to order the petitioners to bear costs, including attorney’s fees, if it finds the petition was filed in bad faith and removal would be contrary to the settlor’s intent.
Where trust property may suffer loss while the petition is pending, § 15642(e) lets the court suspend the trustee’s powers or compel surrender of trust property in the meantime.
See grounds for trustee removal under § 15642 and how to remove a trustee in California for the full process.
Ridley Law advises trustees and beneficiaries in Ventura, Santa Barbara, and Los Angeles counties, though not both in the same matter. The practice is fully remote. Call (805) 244-5291.
Related reading
This post is part of our Guides for Trustees and Beneficiaries library.
- How to Remove a Trustee in California
- Grounds for Trustee Removal Under § 15642
- How to Remove a Co-Trustee
- Can Beneficiaries Agree to Change a Trust?
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