How Much Does It Cost To Remove A Trustee?

The specific process of removing a trustee varies by state and can depend on the reason the trustee is being removed and who wants the removal. For example, under Pennsylvania Code Insurance Law Chapter 163 Section 163.8:

• A trustee can resign by giving written notice to the beneficiaries and grantor (trust creator), with the notice effective no later than 90 days after delivery.
• The grantor (person who created the trust) can remove the trustee by delivering written notice to the trustee and beneficiary, effective no later than 90 days after delivery.

A successor trustee must be appointed before removal, and the title to the trust assets must be transferred.

Massachusetts also addresses the removal of trustees in Section 706 of the Massachusetts Uniform Trust Code, which states that settlors, co-trustees and beneficiaries can petition the court to remove a trustee under appropriate circumstances, such as when the trustee has committed a serious breach of trust.

If those involved with the trust want to pursue removal via court action, they must file the appropriate paperwork with the correct court and provide evidence that there are grounds for removal.