The Short Answer

In Pennsylvania, you may be able to ask the Orphans’ Court to remove a co-trustee and appoint a neutral successor (or an additional trustee) when conflict, noncooperation, or mismanagement is impairing trust administration. If the trust document does not name a successor trustee, Pennsylvania law also provides a path for beneficiaries (or the court) to fill a vacancy.

What Pennsylvania Law Says

When co-trustees cannot work together—or when a trustee is unfit, unwilling, or causing harm—Pennsylvania’s Uniform Trust Act allows court intervention. Depending on the facts, the court can remove a trustee, appoint a successor, or appoint an additional trustee/special fiduciary to keep the trust functioning and protect beneficiaries and trust property.

Because your facts involve (1) co-trustees/co-executors, (2) significant trust-held real estate (rental homes and farm properties), and (3) uncertainty about whether a successor trustee is named, the key issues are usually (a) whether there is a “vacancy” that must be filled, and (b) whether the co-trustee relationship has broken down enough to justify removal or a neutral appointment.

The Statute

The primary law governing removal of a trustee is 20 Pa.C.S. § 7766.

This statute permits the court to remove a trustee when removal best serves the beneficiaries’ interests (and is not inconsistent with a material purpose of the trust) and, among other grounds, when lack of cooperation among co-trustees substantially impairs administration or when the trustee is unfit/unwilling or has persistently failed to administer the trust effectively.

If the problem is that no successor trustee is named (or a vacancy exists), the statute that addresses filling the vacancy is 20 Pa.C.S. § 7764. It sets an order of priority that can include appointment by unanimous agreement of qualified beneficiaries, or appointment by the court, and it also allows the court to appoint an additional trustee or special fiduciary when desirable for administration.

Relatedly, Pennsylvania also has rules for co-trustee decision-making and court direction when co-trustees are deadlocked. See 20 Pa.C.S. § 7763.

If your dispute overlaps with the estate side (you mentioned co-executors and that probate is not opened yet), you may also want to read: How do I handle a dispute over who should be the executor or administrator in Pennsylvania?

Why You Should Speak with an Attorney

While the statutes provide the general framework, getting a co-trustee removed (and a neutral fiduciary appointed) is fact-driven and can escalate quickly—especially when there are multiple parcels of real estate, rental income, farm operations, or family conflict. Legal outcomes often depend on:

• Strict Standards and Court Findings: Under 20 Pa.C.S. § 7766, the court generally looks for concrete grounds (like serious breach, persistent failure, or co-trustee noncooperation that substantially impairs administration) and whether removal aligns with the trust’s purposes.
• Burden of Proof and Evidence: Allegations like self-dealing, failure to account, refusal to cooperate, or mismanagement typically require documents (trust terms, deeds, bank records, rent rolls, communications) and careful presentation to the Orphans’ Court.
• Choosing the Right Remedy: Sometimes removal is appropriate; other times the court may appoint an additional trustee/special fiduciary under 20 Pa.C.S. § 7764 or resolve a deadlock under 20 Pa.C.S. § 7763. Picking the wrong approach can increase cost, delay distributions, and expose trustees to liability.

Trying to handle a trustee removal or neutral appointment without counsel can lead to avoidable delays, incomplete filings, or orders that don’t actually solve the administration problem—especially when the trust holds operating assets like rentals and farm properties.

If you are also dealing with information access or stonewalling, this may help: Can I force a trustee to give me information or distributions if I’m a trust beneficiary in Pennsylvania?

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Disclaimer: This article provides general information under Pennsylvania 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.