53-12-221. Removal of trustee.

A trustee may be removed:#

1. (1)

   In accordance with the provisions of the trust instrument; or#

2. (2)

   Upon petition to the court by any interested person or by the court on its own motion.#

The court may remove a trustee if:#

1. (1)

   The trustee has committed a serious breach of trust;#

2. (2)

   Lack of cooperation among cotrustees substantially impairs the administration of the trust;#

3. (3)

   The court finds that removal of the trustee best serves the interests of the beneficiaries because of unfitness (including, but not limited to, a lack of capacity to make or communicate significant responsible decisions concerning the management of trust property) or unwillingness or persistent failure to administer the trust effectively;#

4. (4)

   There has been a substantial change of circumstances, the court finds that removal of the trustee best serves the interests of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available; or#

5. (5)

   Removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.#

In the discretion of the court, in order to protect the trust property or the interests of any beneficiary, on its own motion or on motion of a cotrustee or other interested person, the court may compel the trustee whose removal is being sought to surrender trust property to a cotrustee, a receiver, or temporary trustee pending a decision on a petition for removal of a trustee or pending appellate review of such decision. To the extent the court deems necessary, the powers of the trustee also may be suspended.#