If you’ve been named as a beneficiary in a California trust, you have powerful legal rights, and clear protections under state law.
Trustees are required to act in your best interest, keep you informed, and manage trust assets with honesty and care. Yet too often, beneficiaries are left in the dark, waiting for answers or distributions that never seem to come.
Thousands of families every year depend on trustees to follow the law and uphold their fiduciary duties. When that doesn’t happen, the courts can step in.
At The Estate Lawyers, APC, our trust and estate litigation attorneys have spent decades defending the rights of beneficiaries across Southern California. With over 150 years of combined courtroom experience, our firm is recognized statewide for one thing: protecting families from trustee misconduct, delays, and abuse of power.
We’re not generalists, we only handle trust, probate, and elder litigation. That focus has earned us a strong rapport with California judges and a reputation for unwavering advocacy. If you’re facing silence from a trustee, missing funds, or unfair treatment, contact The Estate Lawyers, APC today.
What Does It Mean to Be a Beneficiary in a California Trust?
A beneficiary is someone who has a legal right to receive property or assets from a trust. In California, those rights are protected by the Probate Code, which sets strict rules for how trustees must manage and share information about the trust.
When the person who created the trust (called the settlor) dies and the trust becomes irrevocable, beneficiaries gain the right to be informed about what is in the trust and how it is being handled. The trustee, who controls the assets, has a fiduciary duty to act in the best interests of all beneficiaries. This duty includes honesty, transparency, and fair dealing.
Under California Probate Code section 16060, a trustee must keep beneficiaries “reasonably informed” about the trust and its administration. This includes providing:
- A copy of the trust document once it becomes irrevocable
- Contact information for the trustee
- Updates on how the trust assets are being managed
- Notice of any significant changes or distributions
California Probate Code section 16063 also requires the trustee to give beneficiaries an annual accounting. This report should list all income, expenses, and distributions from the trust during the year.
If the trustee refuses to share information, delays communication, or withholds financial records, beneficiaries can ask the probate court to order compliance. In more serious cases, the court can remove the trustee or impose penalties.
Most Californians include a living trust in their estate plan to simplify asset transfers. These trusts only work properly when trustees respect the legal rights of beneficiaries and fulfill their duties. Knowing what you are entitled to is the first step toward protecting your inheritance.
What Are My Legal Rights as a Beneficiary in California?
Beneficiaries in California trusts have specific legal rights that exist to prevent abuse and confirm transparency. These rights are outlined in the California Probate Code and apply once the trust becomes irrevocable.
Right to Information
Under Probate Code section 16060, a trustee must keep beneficiaries reasonably informed about the trust’s assets, activities, and administration. This includes providing a copy of the trust document and responding to reasonable requests for updates. A trustee who ignores or refuses to communicate may be violating state law.
Right to Accounting
California Probate Code section 16063 requires trustees to prepare and share a detailed annual accounting. This report must show:
- All income received by the trust
- All expenses and disbursements
- Any gains or losses on investments
- The current value of trust assets
If a trustee fails to provide this accounting, beneficiaries can petition the probate court to compel disclosure. The court may also award attorney’s fees if the trustee’s refusal was unreasonable.
Right to Fair and Timely Distribution
Once debts, taxes, and administrative tasks are completed, beneficiaries are entitled to receive their share of the trust within a reasonable time. While the exact timeline varies, most California trusts distribute assets within 12 to 18 months after the settlor’s death. Long delays without explanation may justify court intervention.
Right to Challenge Trustee Misconduct
If a trustee mismanages assets, acts dishonestly, or violates fiduciary duties, beneficiaries can ask the court to remove the trustee under Probate Code section 15642. Grounds for removal include failure to account, self-dealing, conflicts of interest, or using trust funds for personal gain.
Right to Legal Recourse
Beneficiaries who believe their rights have been violated can file a petition in the Superior Court’s probate division. The court can order accountings, suspend or remove trustees, and recover misused funds. Most claims must be filed within specific time limits, such as the 120-day window to contest a trust after receiving notice under section 16061.8.
What If the Trustee Fails to Communicate or Act Properly?
A trustee who withholds information, ignores requests, or delays action can cause serious harm to beneficiaries. California law gives beneficiaries several options to hold a trustee accountable.
Recognizing Trustee Misconduct
Common warning signs include:
- Refusing to provide a copy of the trust
- Ignoring written requests for updates or accountings
- Making unexplained withdrawals or transfers
- Mixing trust assets with personal funds
- Failing to make timely distributions
- Showing favoritism toward certain beneficiaries
Even if a trustee’s behavior seems minor at first, small violations can grow into major breaches of duty if left unchecked.
Taking Initial Steps
Start by putting all communication in writing. Send a clear, dated request for the information you are entitled to under Probate Code sections 16060 and 16063. Keep copies of everything you send and receive. Written records are important if you later need to involve the court.
If the trustee still does not respond, you can ask an attorney to send a formal demand letter. This letter outlines the trustee’s legal obligations and sets a deadline to comply. Many trustees act quickly once they understand the legal consequences of ignoring their duties.
Filing a Petition in Probate Court
If informal efforts fail, beneficiaries can file a petition in the Superior Court’s probate division. This petition can request one or more of the following:
- An order requiring the trustee to provide information or accountings
- Suspension or removal of the trustee
- Appointment of a temporary or successor trustee
- Repayment of misused or missing funds
The court reviews the evidence, hears both sides, and can impose penalties if the trustee’s conduct violates fiduciary duties. In serious cases, the court can refer the matter for civil or criminal investigation, especially if financial elder abuse is suspected.
When to Seek Legal Help
Trust disputes often involve sensitive family issues and complex financial records. Speaking with an attorney who focuses on trust and probate litigation can help you understand your options before taking formal action. An experienced lawyer can review the trust documents, evaluate the trustee’s conduct, and represent you in court if necessary.
How Long Do Trustees Have to Distribute Assets in California?
California law does not set an exact deadline for when a trustee must distribute trust assets. Instead, the law requires that administration be handled within a “reasonable time.” What counts as reasonable depends on the complexity of the trust, the types of assets involved, and whether there are disputes or tax issues to resolve.
Typical Timelines
In most California trusts, distributions are completed within 12 to 18 months after the settlor’s death. This period allows time to gather assets, pay debts, file tax returns, and prepare final accountings. Simple trusts may be resolved faster, while larger or contested estates can take several years.
If more than 18 months have passed with no clear communication or progress, beneficiaries should ask the trustee for a written explanation. Trustees are required to keep beneficiaries informed about the trust’s status and any delays in distribution.
Valid Reasons for Delay
There are legitimate reasons a trustee might need more time, such as:
- Ongoing property sales or appraisals
- Pending tax filings or audits
- Unresolved creditor claims
- Beneficiary disputes or legal challenges
- Intricate investments that take time to liquidate
However, a trustee must still communicate openly and provide documentation showing why the delay is necessary.
Signs of Improper Delay
Delays become a problem when the trustee:
- Stops responding to inquiries
- Fails to provide updates or accountings
- Distributes assets to some beneficiaries but not others without explanation
- Uses trust property for personal benefit
Unreasonable delay can be treated as a breach of fiduciary duty. Beneficiaries can file a petition in probate court to compel distribution or remove the trustee if the delay causes harm or appears intentional.
How to Protect Your Rights as a Beneficiary
Beneficiaries often feel powerless when a trustee withholds information or delays action. In California, you have strong legal tools to protect yourself and enforce accountability. The key is to act early, keep written records, and understand your options under the Probate Code.
Keep Everything in Writing
Always communicate with the trustee in writing. Emails, letters, or mail create a clear record of your requests and the trustee’s responses. Written documentation can be used as evidence if you need to go to court later. Avoid relying on verbal promises or informal updates.
Request an Accounting
If you haven’t received a recent accounting, submit a written request citing Probate Code section 16063. The trustee must provide an annual report that details all income, expenses, and asset changes. If the trustee ignores your request, you can ask the probate court to compel them to comply. Courts take accounting violations seriously because they often indicate deeper problems.
Review the Trust Document
Every trust has its own rules and timelines. Review the trust document carefully to understand what you are entitled to receive and when. Look for language about distributions, investment powers, or special instructions. If something is unclear, a trust litigation attorney can interpret the terms and explain how they apply to your situation.
Consider Mediation Before Court
If possible, start with mediation. California courts often encourage settlement before formal litigation. Mediation allows both sides to resolve disputes confidentially and often faster than a full trial. However, if the trustee refuses to cooperate, you have the right to take the matter to probate court.
Get Legal Guidance
Trust disputes can be complicated, and trustees often have legal counsel advising them. Working with an attorney who focuses on California trust and probate litigation helps level the field. A lawyer can file petitions, demand compliance, and represent you in court to enforce your rights.
Need Help Enforcing Your Rights?
If you believe a trustee is withholding information, delaying distributions, or mismanaging trust assets, you don’t have to face it alone. California law gives beneficiaries strong protection, but those rights only matter if they’re enforced. Taking early, informed action can prevent further harm.
An experienced trust and probate litigation attorney can review your trust documents, explain your legal options, and file the petitions needed to compel compliance or remove a negligent trustee. Even if you’re unsure whether something is wrong, a short consultation can help you understand your next steps.
The Estate Lawyers, APC focus exclusively on trust, probate, and elder law disputes throughout Southern California. Our attorneys have decades of courtroom experience and a deep understanding of how California judges handle beneficiary cases.
If you need guidance, contact our team to discuss your situation confidentially. We’re here to help you protect your inheritance, hold trustees accountable, and make sure your loved one’s wishes are honored.