Can a Trustee Withhold Information from Beneficiaries in California?
Trust administration can become difficult when communication breaks down between a trustee and the beneficiaries. A trustee may believe that if the trust does not specifically require constant updates, staying silent is acceptable. In California, that is not how the trustee's communication duties work.
There is no single statute simply called a "duty to stay in contact." Instead, several duties work together to require trustees to keep beneficiaries reasonably informed, respond to reasonable requests, provide required notices, account for trust assets, and act in good faith.
Does a Trustee Have to Keep Beneficiaries Informed?
California Probate Code section 16060 requires a trustee to keep beneficiaries reasonably informed about the trust and its administration.
This is an ongoing obligation. A trustee cannot simply wait until a beneficiary asks a question before providing any information. At the same time, keeping beneficiaries "reasonably informed" does not mean providing daily updates. It means a trustee generally cannot disappear for long periods or leave beneficiaries completely in the dark.
Does a Trustee Have to Respond to Beneficiary Requests?
When a beneficiary makes a reasonable request for information related to the administration of the trust, Probate Code section 16061 requires the trustee to provide that information promptly.
Ignoring emails, delaying responses for months, or answering only selected questions can create problems. A trustee does not get to ignore a reasonable request simply because the beneficiary is difficult, emotional, or frustrating to deal with.
Silence and delay are also common reasons trust disputes end up in court, including petitions seeking to compel a trustee to provide an accounting.
What Notices Must a Trustee Give Beneficiaries?
Probate Code section 16061.7 addresses required notices, including situations where a trust becomes irrevocable after a death or when there is a change in trustee.
These notices are not optional. The required notice generally must be sent within 60 days after the trust becomes irrevocable, typically following the settlor's death, and the statute specifies what information must be included. The notice also starts the clock for a beneficiary's ability to challenge the validity of the trust, making timing especially important.
What Information Does a Trust Accounting Provide?
Trust accountings are another major way beneficiaries learn what is happening with trust assets. Probate Code section 16062 addresses accounting requirements, and accounting disputes frequently overlap with communication disputes.
An accounting can show beneficiaries:
What assets are in the trust
The value of the trust estate
Money flowing into and out of the trust
Amounts being paid to professionals and the trustee
A trustee who fails to provide a required accounting may also be failing to keep beneficiaries reasonably informed.
What Happens If a Trustee Keeps Beneficiaries in the Dark?
A trustee's communication responsibilities also sit within the broader duty to act in good faith. Probate Code section 16003 requires a trustee to act in good faith according to the terms and purposes of the trust.
Stonewalling beneficiaries, selectively communicating, or intentionally keeping people in the dark can create problems even when a trustee argues that individual technical requirements were satisfied.
Beneficiaries may also petition the probate court regarding a trustee's acts or omissions. Communication disputes can develop into surcharge claims, removal petitions, or court supervision when there are extended periods of silence, unexplained delays, or evasive answers.
Courts may look at the trustee's conduct as a whole, including whether the trustee kept beneficiaries informed, responded promptly to reasonable requests, provided required notices, completed required accountings, and acted in good faith.
How Should a Trustee Communicate With Beneficiaries?
A trustee does not need to overshare or get pulled into every argument. But disappearing is not a good strategy.
The practical approach is to communicate early, clearly, and consistently. Many trust disputes begin because beneficiaries feel shut out or do not receive information about trust assets. Once that happens, the next communication may come in the form of a petition filed in probate court.
Trustee communication is not simply a courtesy. It is part of the trustee's responsibility. If there is uncertainty about what information should be shared, when it should be provided, or how to respond to beneficiary requests, address the issue early. Communication problems are much easier to prevent than to fix after lawyers and judges become involved.