The Short Answer

In Florida, you may be able to (1) ask the court to remove a co-trustee if conflict or noncooperation is harming trust administration, and (2) have a neutral successor trustee appointed if the trust does not name one. Florida law also allows qualified beneficiaries to unanimously agree on a successor trustee in some situations, but when there is family conflict, court appointment is often the practical path.

What Florida Law Says

Florida’s Trust Code gives beneficiaries and co-trustees a way to address co-trustee deadlock, misconduct, or inability to administer the trust effectively. It also provides a hierarchy for filling a vacancy in the trusteeship when a successor is not clearly named in the trust document.

The Statute

The primary law governing this issue is Fla. Stat. § 736.0706.

This statute allows the court to remove a trustee on request of a settlor, co-trustee, or beneficiary, including where a serious breach of trust occurred, where lack of cooperation among co-trustees substantially impairs administration, or where removal best serves beneficiaries due to unfitness, unwillingness, or persistent failure to administer effectively.

When a trustee is removed (or otherwise leaves office), Florida also addresses how a successor can be put in place. Under Fla. Stat. § 736.0704, a required vacancy in a noncharitable trust is filled in this order: (1) the person named in the trust, (2) a person appointed by unanimous agreement of the qualified beneficiaries, or (3) a person appointed by the court. The court may also appoint an additional trustee or special fiduciary when needed for administration, even if there is no vacancy.

Why You Should Speak with an Attorney

While the statutes provide the general framework, getting from “we can’t work together” to a court order removing a co-trustee and installing a neutral fiduciary is fact-intensive and can escalate quickly—especially when the trust holds rental homes and farm properties and the estate may also require probate.

• Strict Deadlines: Trustee disputes often involve time-sensitive issues (preserving records, preventing waste, addressing unpaid expenses, and responding to beneficiary demands). If emergency relief is needed, timing can affect whether trust property is protected while the case is pending.
• Burden of Proof: The court typically needs specific evidence of a serious breach, persistent failure, or that co-trustee noncooperation is substantially impairing administration—not just family friction.
• Exceptions and Overlap with Probate: Your situation may involve both trust administration and a separate probate estate (e.g., car, residence, and contents). Coordinating who has authority over which assets, and when, can be legally and practically complicated.

Trying to force a trustee change without the right legal strategy can lead to delays, increased costs, and avoidable damage to the trust (including missed rent, property management issues, or tax problems). A Florida probate/trust attorney can evaluate whether removal is realistic, whether a neutral fiduciary is likely to be appointed, and what immediate protections should be requested from the court.

If you want more background on related issues, you may find these helpful: getting information or distributions from a trustee in Florida and disputes over who should be appointed executor (personal representative) in Florida.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.