Your Legal Rights as a Trust Beneficiary in California
If you are named as a beneficiary in a trust in California, you have legal rights that are enforceable through the courts. Unfortunately, many beneficiaries don’t realize how much oversight power they actually have, especially when dealing with an uncommunicative or mismanaging trustee. Understanding your rights is essential to protecting your interests.
In this article, we’ll cover the key rights beneficiaries have under California trust law, what trustees are legally required to provide, and what actions you can take if those rights are ignored.
The Foundational Right: Information
Under California Probate Code §16060, trustees have a duty to keep beneficiaries “reasonably informed of the trust and its administration.” That means beneficiaries are entitled to information that is relevant to their interest in the trust. This rule is intentionally broad. No two trusts are the same, and the law is designed to ensure transparency regardless of the trust’s complexity or the personalities involved.
At its core, California trust law is about balance: trustees must act fairly and transparently, while beneficiaries have the right to monitor and question the process.
Key Rights Triggered by Trustee Duties
Two of the most important rights beneficiaries hold are triggered by duties owed by the trustee:
1. Notice of Irrevocability
When a trust becomes irrevocable—typically upon the death of the settlor—Probate Code §16061.7 requires the trustee to send a formal written notice to each beneficiary. This notice must include:
· A statement that the trust has become irrevocable
· The identity and contact information of the trustee
· A statement of the recipient’s interest in the trust
· Notification that the recipient has 120 days to contest the trust’s validity
Importantly, this notice starts the statute of limitations clock. If a trustee fails to send it, that 120-day period never begins—leaving the door open for challenges years later.
Beneficiaries are also entitled to request a copy of the trust document, will, and any amendments or codicils. If requested, the beneficiary’s 120-day contest period is extended by an additional 60 days from the date of delivery of those documents.
2. Formal Trust Accounting
Under Probate Code §16062, trustees must provide a full accounting:
· One year after the trust becomes irrevocable
· When the trustee changes
· When administration is complete
This accounting must include:
· Income and disbursements
· Current assets
· Trustee compensation
· Fees paid to professionals (e.g., attorneys, CPAs)
This isn’t just a courtesy. The accounting allows the beneficiary to audit how the trustee is handling the assets and ensure everything aligns with the trust’s terms.
Go Beyond the Accounting: Requesting Source Documents
The formal accounting often doesn’t tell the full story. If you want to dig deeper, you are legally entitled to request supporting documentation—often called “source documents”—including:
· Bank statements
· Escrow closing statements
· Real estate sales records
· Documentation of how the trustee exercised discretionary authority
Under Probate Code §16061, a trustee has 60 days to respond to a reasonable written request for information. Failure to respond can be considered a breach of fiduciary duty.
Trustees Must Maintain Communication
Communication isn’t optional. Trustees must respond to inquiries and keep beneficiaries informed about major developments. Ignoring phone calls, emails, or requests for updates can signal mismanagement or even misconduct. Trustees who act in secrecy or delay disclosures open themselves to legal consequences.
What to Do If You’re Being Ignored
If you’ve made reasonable efforts to communicate with the trustee or request documents and are being ignored, you have standing to petition the probate court. The court can:
· Order the trustee to produce an accounting
· Compel document disclosure
· Remove the trustee
· Impose financial penalties
You don’t need to tolerate secrecy, stonewalling, or possible mismanagement. If something feels wrong, get legal advice.
Final Takeaways
If you’re a trust beneficiary in California, you are not powerless. You have:
· The right to information
· The right to transparency
· The right to communication
· The right to enforce these rights through the court
Whether the trustee is simply overwhelmed or intentionally withholding information, your rights matter. If you have questions about your role as a beneficiary, reach out to a qualified trust attorney.
Need help understanding your trust rights? Contact our office for a consultation and protect what you’re entitled to.
This article is for general informational purposes only and does not constitute legal advice.
