Minn. Stat. » CHAPTER 501C. TRUSTS
Minnesota Statutes

Minn. Stat. § 501C.0706 (2026)

Removal Of Trustee

✓ current as of May 2026
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(a) The settlor, a cotrustee, or a beneficiary may petition 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 serious breach of trust;

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

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

(4) there has been a substantial change in 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.

(c) Pending a final decision on a petition to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order such appropriate relief under section 501C.1001, paragraph (b), as may be necessary to protect the trust property or the interests of the beneficiaries.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2019–2025 · leading case: Lund v. Lund, 924 N.W.2d 274 (Minn. Ct. App. 2019).
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Lund v. Lund, 924 N.W.2d 274 (Minn. Ct. App. 2019). · cites it 4× “1304 (2018), a district court "may" remove a trustee if there has been a substantial change in 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…”
In the Matter of the Trust Created Under Agreement by & Between Janet E. Johnson, Settlor, & Paul Johnson, ... (Minn. 2025). · cites it 10× “1001(b)(7) (authorizing the court to “remove the trustee as provided in section 501C.0706”). Here, the district court permanently removed Johnson as trustee under section 501C.”
In the Matter of the Otto Bremer Trust (2024). · cites it 5× “Compare Minn. Stat. § 501C.0706, with Unif. Tr. Code § 706 (Unif.”
In the Matter of the Arthur F. Symens Revocable Trust created September 21, 2016 (Minn. Ct. App. 2025). · cites it 2× “” Under Minn. Stat. § 501C.0706(b)(1) (2024), a beneficiary may petition to remove a trustee for various reasons, including “a serious breach of trust.”
— Minn. Stat. § 501C.0706(b) — 1 case
In the Matter of the Trust Created Under Agreement by & Between Janet E. Johnson, Settlor, & Paul Johnson, ... (Minn. 2025). “1001(b)(7) (authorizing the court to “remove the trustee as provided in section 501C.0706”). Here, the district court permanently removed Johnson as trustee under section 501C.”
— Minn. Stat. § 501C.0706(b)(1) — 2 cases
In the Matter of the Otto Bremer Trust (2024). “Compare Minn. Stat. § 501C.0706, with Unif. Tr. Code § 706 (Unif.”
In the Matter of the Arthur F. Symens Revocable Trust created September 21, 2016 (Minn. Ct. App. 2025). “” Under Minn. Stat. § 501C.0706(b)(1) (2024), a beneficiary may petition to remove a trustee for various reasons, including “a serious breach of trust.”
— Minn. Stat. § 501C.0706(b)(3) — 1 case
In the Matter of the Otto Bremer Trust (2024). “Compare Minn. Stat. § 501C.0706, with Unif. Tr. Code § 706 (Unif.”
— Minn. Stat. § 501C.0706(b)(4) — 1 case
Lund v. Lund, 924 N.W.2d 274 (Minn. Ct. App. 2019). “1304 (2018), a district court "may" remove a trustee if there has been a substantial change in 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…”
— Minn. Stat. § 501C.0706(c) — 1 case
In the Matter of the Trust Created Under Agreement by & Between Janet E. Johnson, Settlor, & Paul Johnson, ... (Minn. 2025). “1001(b)(7) (authorizing the court to “remove the trustee as provided in section 501C.0706”). Here, the district court permanently removed Johnson as trustee under section 501C.”
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