58a-706.
Removal of trustee.
(a) The settlor, if living, a cotrustee, or a qualified beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.
(b) The court may remove a trustee if:
(1) The trustee has committed a breach of trust;
(2) lack of cooperation among cotrustees substantially impairs the administration of the trust;
(3) because of 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 and is consistent with the terms of the trust; or
(4) there has been a substantial change of circumstances and the court finds that removal of the trustee best serves the interests of all of the beneficiaries, is consistent with the terms of the trust, is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.
(c) 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 subsection (b) of K.S.A. 58a-1001, and amendments thereto, as may be necessary to protect the trust property or the interests of the beneficiaries.
History:
L. 2002, ch. 133, § 54; January 1, 2003.
Notes of Decisions
Rodriquez-Tocker v. Est. of Tocker, 129 P.3d 586 (Kan. Ct. App. 2006).
· cites it 4× “Based on the application of these findings to K.S.A. 2004 Supp. 58a-706, the district court had independent authority to remove Darryl.”
In re Bradley Trust (Kan. Ct. App. 2021).
· cites it 12× “" K.S.A. 58a-706, UTC Comments. The record does not show—nor does Galloway argue—that Mike and Wilbur did not cooperate with each other.”
Pfannenstiel v. Pfannenstiel (Kan. Ct. App. 2026).
· cites it 8× “Relying on the comments following K.S.A. 58a-706, Ryan argues that a breach must be serious before removal of a trustee is warranted.”
Miller v. Miller (Kan. Ct. App. 2024).
· cites it 4× “K.S.A. 58a-706, UTC Comments. See Restatement (Third) of Trusts § 37, comment e (2003) ("Not every breach of trust warrants removal of the trustee .”
In re Trust of Zweygardt (Kan. Ct. App. 2022).
· cites it 2× “3d 51 (2021); see K.S.A. 58a-706(b) (stating a "court may remove a trustee" in some cases).”
— K.S.A. § 58a-706(a) — 2 cases
Rodriquez-Tocker v. Est. of Tocker, 129 P.3d 586 (Kan. Ct. App. 2006).
“Based on the application of these findings to K.S.A. 2004 Supp. 58a-706, the district court had independent authority to remove Darryl.”
In re Bradley Trust (Kan. Ct. App. 2021).
“" K.S.A. 58a-706, UTC Comments. The record does not show—nor does Galloway argue—that Mike and Wilbur did not cooperate with each other.”
— K.S.A. § 58a-706(b) — 5 cases
Rodriquez-Tocker v. Est. of Tocker, 129 P.3d 586 (Kan. Ct. App. 2006).
“Based on the application of these findings to K.S.A. 2004 Supp. 58a-706, the district court had independent authority to remove Darryl.”
In re Bradley Trust (Kan. Ct. App. 2021).
“" K.S.A. 58a-706, UTC Comments. The record does not show—nor does Galloway argue—that Mike and Wilbur did not cooperate with each other.”
Miller v. Miller (Kan. Ct. App. 2024).
“K.S.A. 58a-706, UTC Comments. See Restatement (Third) of Trusts § 37, comment e (2003) ("Not every breach of trust warrants removal of the trustee .”
In re Trust of Zweygardt (Kan. Ct. App. 2022).
“3d 51 (2021); see K.S.A. 58a-706(b) (stating a "court may remove a trustee" in some cases).”
Pfannenstiel v. Pfannenstiel (Kan. Ct. App. 2026).
“Relying on the comments following K.S.A. 58a-706, Ryan argues that a breach must be serious before removal of a trustee is warranted.”
— K.S.A. § 58a-706(b)(1) — 4 cases
In re Bradley Trust (Kan. Ct. App. 2021).
“" K.S.A. 58a-706, UTC Comments. The record does not show—nor does Galloway argue—that Mike and Wilbur did not cooperate with each other.”
Pfannenstiel v. Pfannenstiel (Kan. Ct. App. 2026).
“Relying on the comments following K.S.A. 58a-706, Ryan argues that a breach must be serious before removal of a trustee is warranted.”
In re Trust of Zweygardt (Kan. Ct. App. 2022).
“3d 51 (2021); see K.S.A. 58a-706(b) (stating a "court may remove a trustee" in some cases).”
Miller v. Miller (Kan. Ct. App. 2024).
“K.S.A. 58a-706, UTC Comments. See Restatement (Third) of Trusts § 37, comment e (2003) ("Not every breach of trust warrants removal of the trustee .”
— K.S.A. § 58a-706(b)(2) — 1 case
In re Bradley Trust (Kan. Ct. App. 2021).
“" K.S.A. 58a-706, UTC Comments. The record does not show—nor does Galloway argue—that Mike and Wilbur did not cooperate with each other.”
— K.S.A. § 58a-706(b)(3) — 1 case
In re Bradley Trust (Kan. Ct. App. 2021).
“" K.S.A. 58a-706, UTC Comments. The record does not show—nor does Galloway argue—that Mike and Wilbur did not cooperate with each other.”
— K.S.A. § 58a-706(b)(4) — 2 cases
Pfannenstiel v. Pfannenstiel (Kan. Ct. App. 2026).
“Relying on the comments following K.S.A. 58a-706, Ryan argues that a breach must be serious before removal of a trustee is warranted.”
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