§ 59-15-06 — (706) Removal of trustee

1. 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.
2. The court may remove a trustee if the trustee has committed a serious breach of trust;
if lack of cooperation among cotrustees substantially impairs the administration of the
trust; if 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 if 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 of the beneficiaries and
is not inconsistent with a material purpose of the trust, and a suitable cotrustee or
successor trustee is available.
3. Pending a final decision on a request to remove a trustee, or in lieu of or in addition to
removing a trustee, the court may order such appropriate relief under subsection 2 of
section 59-18-01 as may be necessary to protect the trust property or the interests of
the beneficiaries.