Resignation, suspension or removal of trustee · as in force on May 31, 2026
§ 7-2.6 Resignation, suspension or removal of trustee
(a) Subject to the relevant provisions of the civil practice law and rules, the supreme court has power:
(1) On the application of a trustee, to accept his resignation and to discharge him on such terms as it deems proper.
(2) On the application of any person interested in the trust estate, to suspend or remove a trustee who has violated or threatens to violate his trust, who is insolvent or whose insolvency is imminent or apprehended or who for any reason is a person unsuitable to execute the trust.
(3) In case of the resignation or removal of a trustee, to appoint a successor trustee and, if there is no acting trustee, to cause the trust to be executed by a receiver or other officer under its direction. This section does not apply to a trust arising or resulting by implication of law, nor where other provision is made by law for the resignation, suspension or removal of a trustee or the appointment of a successor trustee.
Subject to the CPLR, the Supreme Court can let a trustee resign, suspend or remove a trustee, and put someone else in charge.
This section does not apply to trusts arising by implication of law, or where another law provides for resignation, suspension, removal or successor appointment.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.