Tennessee Code Annotated

Tenn. Code Ann. § 35-15-706 (2026)

Removal of trustee

✓ current as of May 2026

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(a) The settlor, 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 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 § 35-15-1001(b) as may be necessary to protect the trust property or the interests of the beneficiaries.

Acts 2004, ch. 537, § 56.

Notes of Decisions

Cited in 9 cases (3 in the last 5 years), 2015–2024 · leading case: In Re Trust of Katherine D. Graham (Tenn. Ct. App. 2022).

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In Re Trust of Katherine D. Graham (Tenn. Ct. App. 2022). · cites it 42× “Tenn. Code Ann. § 35-15-706 (b) (“The court may remove a trustee if .”

In Re Est. of Dante Lamar Edmonds (Tenn. Ct. App. 2019). · cites it 19× “Jones argued that the proper focus was not whether another party had a statutory preference to serve as administrator under section 30-1-106, but whether she could be removed as administrator pursuant to the statutes concerning that issue, particularly Tennessee Code Annotated…”

In Re Est. of Richard Wayne Penniman (Tenn. Ct. App. 2024). · cites it 15× “Tenn. Code Ann. § 35-15-706 (b). “A violation by a [personal representative] of a duty the [personal representative] owes to a beneficiary is a breach of trust.”

In Re Est. of Paul D. Freeman (2020). · cites it 3× “When a court finds that a trustee is liable -8- for breach of trust, the court may remove the trustee in accordance with Tenn. Code Ann. § 35-15-706 , and in addition to removal, may assess damages under § 35-15-1001(b).”

In re Est. of Mary Pauline Stumpe Schorn (Tenn. Ct. App. 2015). · cites it 5× “” Tenn. Code Ann. § 35-15-706 (b)(3). In removing the PR, the trial court was exercising its probate jurisdiction in this case, which includes the power to remove executors.”

James R. Sterchi, Jr. v. Louis B. Savard, Jr., As of The Est. Of L. Basil Savard, Sr. (Tenn. Ct. App. 2016). · cites it 2× “Sterchi argues in response that, under Tenn. Code Ann. § 35-15-706 , he likely would had to have proven malfeasance in order to replace the administrator, and that his half-brother never would have agreed to sue his own father as evidenced by this lawsuit.”

John E. Sullivan, Jr. GST Exempt Trust v. Frank G. Sullivan (Tenn. Ct. App. 2022). · cites it 2× “In October 2021, Appellees filed a motion to remove the Trustee pursuant to Tennessee Code Annotated section 35-15-706. Appellees asserted that Trustee was not only acting as a party to the lawsuit, but also as an attorney representing the Trust.”

In Re Est. of Dorothy Jean McMillin (Tenn. Ct. App. 2015). · cites it 2× “” Tenn. Code Ann. § 35-15-706 (b)(3). In removing the Appellant, the chancery court was exercising probate jurisdiction in this case, which includes the power to remove executors.”

In Re: Est. of John J. Burnette (Tenn. Ct. App. 2018). “§ 30-1-151 states that “[a]ny executor or administrator may be removed in accordance with the procedures in § 35-15-706,” which in turn provides: (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…”

— Tenn. Code Ann. § 35-15-706(b) — 3 cases

In Re Est. of Richard Wayne Penniman (Tenn. Ct. App. 2024). “Tenn. Code Ann. § 35-15-706 (b). “A violation by a [personal representative] of a duty the [personal representative] owes to a beneficiary is a breach of trust.”

In Re Est. of Dante Lamar Edmonds (Tenn. Ct. App. 2019). “Jones argued that the proper focus was not whether another party had a statutory preference to serve as administrator under section 30-1-106, but whether she could be removed as administrator pursuant to the statutes concerning that issue, particularly Tennessee Code Annotated…”

In Re Trust of Katherine D. Graham (Tenn. Ct. App. 2022). “Tenn. Code Ann. § 35-15-706 (b) (“The court may remove a trustee if .”

— Tenn. Code Ann. § 35-15-706(b)(1) — 1 case

In Re Trust of Katherine D. Graham (Tenn. Ct. App. 2022). “Tenn. Code Ann. § 35-15-706 (b) (“The court may remove a trustee if .”

— Tenn. Code Ann. § 35-15-706(b)(3) — 3 cases

In Re Trust of Katherine D. Graham (Tenn. Ct. App. 2022). “Tenn. Code Ann. § 35-15-706 (b) (“The court may remove a trustee if .”

In re Est. of Mary Pauline Stumpe Schorn (Tenn. Ct. App. 2015). “” Tenn. Code Ann. § 35-15-706 (b)(3). In removing the PR, the trial court was exercising its probate jurisdiction in this case, which includes the power to remove executors.”

— Tenn. Code Ann. § 35-15-706(b)(4) — 1 case

In Re Trust of Katherine D. Graham (Tenn. Ct. App. 2022). “Tenn. Code Ann. § 35-15-706 (b) (“The court may remove a trustee if .”

— Tenn. Code Ann. § 35-15-706(c) — 1 case

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