Can a Florida Trustee Resign?

Trustees sometimes need to step down because of age, conflict, relocation, or other reasons. Florida trust law allows resignation under the trust's own procedure with the notice described above. Even when the trust terms say otherwise, a trustee may resign on at least 30 days' notice to the qualified beneficiaries, the settlor if living, and all cotrustees, or may resign with the approval of the court.

When the court approves a resignation, it may issue orders and impose conditions reasonably necessary to protect the trust property. Resignation does not by itself wipe out liability of the resigning trustee, or of sureties on the trustee's bond, for acts or omissions that occurred while the trustee served.

Trustee duties to beneficiaries continue until a proper transition is completed, and those duties are summarized in what duties a Florida trustee owes to beneficiaries. Required information for beneficiaries is covered in what information a Florida trustee must give a beneficiary.