Answer FileEstate Planning

How long do I have to contest a trust in California?

The answer, cited

Generally 120 days. Once the trustee serves the statutory notification required by Probate Code section 16061.7, section 16061.8 requires a trust contest to be filed within 120 days of the notification, or 60 days after the trust terms are mailed on request, whichever is later. If compliant notice is never served, the short deadline does not start.

120 days, in most cases: one of the shortest fuses in California civil law. When a revocable trust becomes irrevocable (typically at the settlor's death), the trustee must serve a statutory notification on heirs and beneficiaries under Probate Code section 16061.7, disclosing the trust's existence and the right to request its terms. Service starts the clock of section 16061.8: an action contesting the trust must be filed within 120 days of the notification, or 60 days after the trust terms are mailed to a person who requested them, whichever is later. Miss the window and the contest is barred, however strong the evidence of incapacity, undue influence, or fraud. If the trustee never serves compliant notice, the short deadline does not start. Related but distinct: will contests must be filed before admission to probate or within 120 days after (section 8270), and many trusts contain no-contest clauses enforceable against unsuccessful contests brought without probable cause (section 21311).

Authority: Cal. Prob. Code § 16061.8

Source: Cal. Prob. Code § 16061.8 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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