Nebraska Revised Statutes

Neb. Rev. Stat. § 30-3862 (2026)

(UTC 706) Removal of trustee

✓ current as of July 2026

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(UTC 706) (a) 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 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) 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; or

(4) 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.

(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 section 30-3890 as may be necessary to protect the trust property or the interests of the beneficiaries.

Notes of Decisions

Cited in 18 cases (2 in the last 5 years), 2005–2024 · leading case: Wheeler v. Elkhorn Valley Bank & Trust (In Re Trust Created by Jack Fenske), 303 Neb. 430 (Neb. 2019).

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Wheeler v. Elkhorn Valley Bank & Trust (In Re Trust Created by Jack Fenske), 303 Neb. 430 (Neb. 2019). · cites it 9× “They invoked Neb. Rev. Stat. § 30-3862 (b)(4) (Reissue 2016), a provision of the Uniform Trust Code.”

In re William R. Zutavern Revocable Trust, 309 Neb. 542 (Neb. 2021). · cites it 6× “Generally, standing in a trustee removal proceeding is governed by Neb. Rev. Stat. § 30-3862 (a) (Reissue 2016).”

In re Conservatorship of Abbott, 890 N.W.2d 469 (Neb. 2017). · cites it 7× “Generally, standing in a trustee removal proceeding is governed by Neb. Rev. Stat. § 30-3862 (a) (Reissue 2016).”

In re Henry B. Wilson, Jr., Revocable Trust, 300 Neb. 455 (Neb. 2018). · cites it 2× “The county court found the foregoing breaches qualified as serious breaches under Neb. Rev. Stat. § 30-3862 (Reissue 2016) and that it was in the best interests of the administration of the Trust to remove Roseann and Roger as cotrustees of Henry's Trust.”

In re Est. of Stuchlik, 289 Neb. 673 (Neb. 2014). · cites it 4× “673 However, to the extent Margaret’s and Kenneth’s activities as general partners of the partnership relate to their fitness as cotrustees, the court erred in concluding that it lacked juris- diction to consider any evidence pertaining to those allega- tions.”

In Re Trust of Rosenberg, 693 N.W.2d 500 (Neb. 2005). “In addition, the provisions dealing with removal of a trustee are codified at § 30-3862. Section 30-38,110(a)(3) provides that the NUTC applies to judicial proceedings concerning trusts commenced before January 1,2005, unless the court finds that application of a particular…”

In re Trust Created by Fenske, 303 Neb. 430 (Neb. 2019). · cites it 8× “Relevant to this appeal, it provides: (a) 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 its own initiative.”

In re Trust Created by Augustin, 27 Neb. Ct. App. 593 (Neb. Ct. App. 2019). “§ 30-3862.” Brief for appellants at 32. As previ- ously discussed, the county court was without subject mat- ter jurisdiction to remove the trustees because Pamela was an indispensable party to such an action in light of her interest in the trusts.”

In Re Charles C. Wells Revocable Trust, 734 N.W.2d 323 (Neb. Ct. App. 2007). · cites it 6× “Section 30-3862 provides: *635 (a) 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 its own initiative.”

Sherman v. Sherman, 751 N.W.2d 168 (Neb. Ct. App. 2008). · cites it 2× “Pursuant to Neb.Rev.Stat. § 30-3862 (Cum.Supp.2006), the court has the authority to remove a trustee if (1) the trustee has committed a serious breach of trust or (2) lack of cooperation among cotrustees substantially impairs the administration of the trust.”

In re Trust of Lamprecht, 315 Neb. 832 (Neb. 2024). · cites it 6× “Because the trusts here were registered in the county court, 5 that court had sub- ject matter jurisdiction, 6 venue was proper there, 7 and each proceeding before the court was independent of any other proceeding involving the same trust.”

In re Trust of Barr (Neb. Ct. App. 2020). · cites it 4× “Neb. Rev. Stat. § 30-3862 (Reissue 2016) provides the statutory authority for courts to remove trustees under various circumstances.”

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— Neb. Rev. Stat. § 30-3862(a) — 3 cases

In re William R. Zutavern Revocable Trust, 309 Neb. 542 (Neb. 2021). “Generally, standing in a trustee removal proceeding is governed by Neb. Rev. Stat. § 30-3862 (a) (Reissue 2016).”

In re Conservatorship of Abbott, 890 N.W.2d 469 (Neb. 2017). “Generally, standing in a trustee removal proceeding is governed by Neb. Rev. Stat. § 30-3862 (a) (Reissue 2016).”

In Re Socha, 783 N.W.2d 800 (Neb. Ct. App. 2010).

— Neb. Rev. Stat. § 30-3862(b) — 1 case

In re Est. of Robb (Neb. Ct. App. 2013).

— Neb. Rev. Stat. § 30-3862(b)(1) — 2 cases

In re Conservatorship of Abbott, 890 N.W.2d 469 (Neb. 2017). “Generally, standing in a trustee removal proceeding is governed by Neb. Rev. Stat. § 30-3862 (a) (Reissue 2016).”

In Re Charles C. Wells Revocable Trust, 734 N.W.2d 323 (Neb. Ct. App. 2007). “Section 30-3862 provides: *635 (a) 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 its own initiative.”

— Neb. Rev. Stat. § 30-3862(b)(4) — 2 cases

Wheeler v. Elkhorn Valley Bank & Trust (In Re Trust Created by Jack Fenske), 303 Neb. 430 (Neb. 2019). “They invoked Neb. Rev. Stat. § 30-3862 (b)(4) (Reissue 2016), a provision of the Uniform Trust Code.”

In re Trust Created by Fenske, 303 Neb. 430 (Neb. 2019). “Relevant to this appeal, it provides: (a) 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 its own initiative.”

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