Florida Statute 736.0706 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.0706

736.0706 Removal of trustee.—

(1) The settlor, a cotrustee, or a beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on the court’s own initiative.

(2) The court may remove a trustee if:

(a) The trustee has committed a serious breach of trust;

(b) The lack of cooperation among cotrustees substantially impairs the administration of the trust;

(c) Due to the unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or

(d) There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.

(3) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under s. 736.1001(2) as may be necessary to protect the trust property or the interests of the beneficiaries.

History.—s. 7, ch. 2006-217.

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Amendments to 736.0706

Annotations, Discussions, Cases:

Cases Citing Statute 736.0706

Total Results: 5

Kountze v. Kountze

93 So. 3d 1164, 2012 WL 3111681, 2012 Fla. App. LEXIS 12515

District Court of Appeal of Florida | Filed: Aug 1, 2012 | Docket: 60310470

Cited 2 times | Published

order but affirm the remainder of the order. Section 736.0706(1), (2)(c), Florida Statutes (2010), provides

Donna D. Gnaegy v. Debra D. Morris

District Court of Appeal of Florida | Filed: Dec 13, 2023 | Docket: 68084201

Published

administration of the estate as a whole.”); see also § 736.0706(2)(c), Fla. Stat. (2022) (“(2) The court may

PAMELA L. ALTMAN, etc. v. SHEILA E. BROWN

District Court of Appeal of Florida | Filed: Jul 5, 2023 | Docket: 67557702

Published

her as a trustee of the relevant trust under section 736.0706, Florida Statutes (2020); (2) imposed a $134

BRIAN GILLER v. ANITA GROSSMAN, etc.

District Court of Appeal of Florida | Filed: Sep 1, 2021 | Docket: 60330674

Published

work as Trustee. The court stated: Section 736.0706(1)(a), Fla. Stat. provides that a trustee

Swan v. Trost

100 So. 3d 1205, 2012 Fla. App. LEXIS 19550, 2012 WL 5458080

District Court of Appeal of Florida | Filed: Nov 9, 2012 | Docket: 60225563

Published

transactions” and remove her as Trustee pursuant to section 736.0706, Florida Statutes (2009),4 for the same conduct