In South Carolina, a trustee of a trust can be removed in one of two ways: either in accordance with the terms of the trust or by a court under state trust law.
Below, we’ll look at both in turn.
A Trustee Can Be Removed Under State Law
South Carolina Code Section 62-7-706 covers the grounds for removal of a trustee by the court and who may request the removal. (Note that Title 62, Article 7 of the SC Code is based on the Uniform Trust Code, a model law adopted in some form by the majority of the states.)
Who Can Request the Removal of a Trustee?
Under subsection 62-7-706(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.”
On What Grounds Can a South Carolina Court Remove a Trustee?
Quoting subsection 62-7-706(b), a court can remove a trustee if:
- “the trustee has committed a serious breach of trust;
- lack of cooperation among cotrustees substantially impairs the administration of the trust;
- 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
- 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 the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.”
Here, “interests of the beneficiaries” means “the beneficial interests provided in the terms of the trust,” as defined in Section 62-7-103.
These grounds give the courts discretion in determining whether a trustee should be removed based on the facts of an individual case. To see how the law was applied in a real case recently, check out our discussion of the South Carolina Court of Appeals Baskin v. Walkup (2025) decision here on the blog.
What is the Process for Having a Trustee Removed by the Court?
The party requesting the removal starts the process by filing a petition for removal in the court with jurisdiction over the trust, usually the probate court.
Before turning to the courts, however, the party seeking to remove the trustee should first look to the trust document.
A Trustee Can Be Removed Under the Trust’s Terms
Many trusts contain provisions regarding how and when a trustee may be removed, often with steps on how to appoint a successor trustee. Removing a trustee under the trust’s terms is typically faster and less costly than going through the courts.
Who Has the Power to Remove a Trustee?
A trust may grant the power to initiate the removal of a trustee to:
- The settlor/grantor, if still alive
- All of the named beneficiaries or a percentage of the beneficiaries (often a majority or supermajority)
- A trust protector, if there is one
- Co-trustees, if there are multiple trustees
This varies by trust, so look at the terms of the trust in question.
What Are Common Grounds for the Nonjudicial Removal of a Trustee?
Many trusts allow for the nonjudicial removal of a trustee on the same grounds listed above, namely breach of trust, lack of cooperation, unfitness, etc. This allows for the trustee’s removal through an administrative process rather than needing to go through the courts.
But a grantor has flexibility when creating his or her trust and may choose to allow for the trustee’s removal on broad or narrow grounds. At one extreme end, the grantor may include language that allows certain parties to initiate the removal of a trustee “for any reason” or “without cause.” At the other end, the grantor may only allow for the nonjudicial removal of a trustee for no reason but incapacity, for example.
There are advantages and disadvantages to both routes. If you are thinking about what kind of trustee removal provisions to include in your trust, talk through the alternatives with your attorney.
What is the Process for Removing a Trustee Under a Trust’s Terms?
The steps required to remove a trustee vary depending on the trust. Steps may include:
- Informing the trustee and other parties in writing
- Holding a vote (if agreement among a majority or supermajority of beneficiaries is required)
- Selecting a successor trustee
- Filing or recording the trustee’s resignation letter
The trustee may also need to provide an accounting and/or to turn over trust assets as needed.
Get Help with Trusts and Estate Planning from the Gem McDowell Law Group
For help drafting or revising a trust, removing a trustee, or developing a comprehensive estate plan that’s tailored to you, call estate planning attorney Gem McDowell. Gem and his team at the Gem McDowell Law Group, with offices in Myrtle Beach and Mt. Pleasant, SC, work with individuals and families in South Carolina to solve problems, protect their interests, and provide peace of mind. Call Gem’s office today at (843) 284-1021 to schedule your free initial consultation.
