Removing a trustee or PR.

By Moshe B. Newman, Attorney · Published June 2026

When the person in charge of an estate or trust is doing a bad job — or worse, helping themselves — Michigan law lets interested persons ask the probate court to remove them. Removing a trustee or personal representative (PR) is a serious step, and the court won’t do it lightly, but it is available when the facts justify it.

Grounds for removal

• Breach of fiduciary duty. Self-dealing, favoring one beneficiary, taking improper fees, or putting their own interests ahead of the estate.
• Mismanagement. Wasting assets, failing to collect or protect property, letting real estate deteriorate, or making reckless investments.
• Failure to account or communicate. Refusing to provide required accountings or keep beneficiaries reasonably informed.
• Conflict or hostility that materially impairs the administration.
• Unfitness — incapacity, a disqualifying conviction, or persistent failure to perform.

What the court can do

Beyond removal, the probate court can suspend a fiduciary’s powers during a dispute, appoint a successor or a special fiduciary, compel an accounting, and surcharge the fiduciary — ordering them to repay losses caused by their breach, sometimes with fees and interest. In serious cases the court can deny or claw back the fiduciary’s compensation.

How removal actually works

1. An interested person files a petition stating the grounds and the facts.
2. The court can order interim relief (like suspending powers) if assets are at risk.
3. There’s a hearing; the petitioner puts on evidence of the breach or unfitness.
4. If removal is granted, a successor is appointed and the outgoing fiduciary must account and turn over the property.

A realistic word

Courts give fiduciaries some latitude, and “I disagree with a decision” is usually not enough on its own. Successful removals are built on a documented pattern: missing accountings, unexplained transactions, assets that have disappeared or declined, ignored requests. We’ll assess honestly whether what you’re seeing rises to that level — and if it does, move to protect the assets before more damage is done.

Trustee removal and personal-representative removal use different rules

MCL 700.7706 addresses trustee removal. It identifies who may request removal and grounds including serious trust breaches, impaired administration involving cotrustees, and specified fitness or changed-circumstance grounds. Family disagreement alone does not establish every required element.

MCL 700.3611 addresses personal representatives. An interested person can petition for cause; the court considers the estate’s interests and grounds such as mismanagement, failure to perform duties, or disregard of court orders. The petition, notice, and requested relief must fit the role involved.

Prepare a focused record of the problem

Gather the appointment papers or trust, court orders, reports, and correspondence. For each concern, identify the date, the asset or amount involved, the supporting document, and the result you want. Distinguish missing information from a transaction you know occurred. Tell us immediately if a sale, distribution, or hearing is approaching.

Discuss a possible fiduciary-removal matter.

This article is general information about Michigan law, not legal advice, and does not create an attorney-client relationship. Statutes, deadlines, and dollar amounts change; figures current as of 2026. Deadlines in probate and trust disputes can be short and unforgiving — if you think you may have a claim, contact us promptly.

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