By Corcoran Smith Law Corp. · Published · Updated
Removing a Trustee in California — Grounds and Process
A California court may remove a trustee under Probate Code section 15642 for breach of trust, unfitness, insolvency, excessive compensation, or other good cause. A beneficiary starts the process by petitioning the probate court. Removal is often paired with claims for breach of fiduciary duty and recovery of losses.
When can a trustee be removed?
Probate Code section 15642 sets out when a California court may remove a trustee. The listed grounds include a breach of trust; unfitness to administer the trust; insolvency or other unfitness affecting financial responsibility; excessive compensation; hostility or lack of cooperation among co-trustees that impairs administration; failure or declining to act; and, as a catch-all, other good cause. In practice, most petitions are brought by beneficiaries who have already documented a pattern — unanswered requests for information, no accounting, distributions withheld without explanation, trust property used personally, or assets sold below value. Removal is procedurally a petition concerning the internal affairs of the trust, which a beneficiary or trustee may bring under section 17200’s trust-petition procedure, and it is commonly filed together with a surcharge claim under section 16440 seeking to hold the trustee personally responsible for the resulting losses.
Sources: Probate Code s.15642 - Removal of trustee · Probate Code s.17200 - Petitions concerning internal affairs of trust · Verified 2026-09-22.
Common patterns that support removal
| Pattern | Duty implicated |
|---|---|
| Refuses to provide an accounting | Duty to account |
| Will not answer beneficiary questions | Duty to inform |
| Lives in trust property rent-free | Duty of impartiality; self-dealing |
| Sells trust assets to a friend or relative | Duty of loyalty |
| Withholds distributions without cause | Duty to administer per trust terms |
| Commingles trust and personal funds | Duty to keep property separate |
Related
- Compelling a trust accounting
- The trustee won’t communicate with me
- Your rights as a beneficiary
- What a trustee is entitled to be paid
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Costs are separate from the fee, and whether you are responsible for them is set out in the written agreement before you sign anything.
How contingency fees work in California
A contingency fee means the attorney is paid from what is recovered rather than by the hour, so a beneficiary who cannot fund litigation out of pocket can still bring a claim. California regulates these agreements closely. Under Business and Professions Code section 6147, the agreement must be in writing and the attorney must give the client a duplicate copy, signed by both, when the contract is made. It must state the agreed contingency rate; how disbursements and costs incurred in prosecuting or settling the claim will affect that fee; and to what extent the client could be required to pay for related matters. Unless the matter falls under section 6146, the agreement must also state that the fee is not set by law and is negotiable. These are not formalities: failure to comply with any provision of section 6147 makes the agreement voidable at the client’s option, leaving the attorney entitled only to a reasonable fee.
Sources: Business and Professions Code s.6147 - Contingency fee contracts · Verified 2026-08-03.
Not every matter suits a contingency arrangement, and the firm does not take every case on one. Whether yours qualifies depends on the facts, the likely recovery, and the assets actually available to satisfy a judgment. Ask when you call.
Call Anytime — Answered 24/7 · (213) 695-7353The Probate Code sections behind this page
Each section links to its official text at the California Legislature’s own site. The full index of sections covers the rest of the Code.
- Probate Code section 15642
- Removal of trustee. Read section 15642
Also cited above, explained elsewhere on this site
- Probate Code section 17200
- Petitions concerning internal affairs of trust. Where section 17200 is explained
- Probate Code section 16440
- Measure of liability for breach of trust. Where section 16440 is explained
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Attorney, fiduciary or financial advisor with a client matter? How to refer a California probate or trust matter