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

You have 120 days from receiving proper notification about the trust to file a trust contest in California. This deadline is strictly enforced, and while limited exceptions exist for late contests, courts rarely extend the deadline, making prompt action essential for protecting your rights.

The 120-Day Rule for Trust Contests

California Probate Code Section 16061.7 establishes specific deadlines:

120-day deadline: Contest must be filed within 120 days of receiving notification
Proper notification required: Must receive legally compliant notice of trust terms
Strict enforcement: Courts rarely accept late filings without compelling reasons
Finality purpose: Deadline provides certainty for trust administration

What Triggers the 120-Day Clock

The deadline begins when you receive proper notification containing:

Trust terms: Copy of the complete trust document or relevant portions
Trustee identity: Name and contact information of current trustee
Legal notice language: Specific statutory language about contest rights
Trustor's death notification: Notice that the trust has become irrevocable
Beneficiary status: Information about your rights under the trust

Types of Trust Contest Notification

Section 16061.7 Notice

Standard trust notification includes:

Complete disclosure: All terms that affect the beneficiary
Contest deadline warning: Specific language about 120-day limit
Trustee contact information: How to reach the trustee
Legal rights explanation: Summary of beneficiary rights

Incomplete or Improper Notice

If notice is defective, the deadline may not start:

Missing required information: Incomplete trust terms or legal language
Improper service: Notice not delivered according to legal requirements
Misleading information: Incorrect or deceptive trust terms
No actual knowledge: Beneficiary unaware of trust existence

Valid Grounds for Trust Contests

Lack of Mental Capacity

Challenging the trustor's mental capacity when trust was created or amended:

Dementia or cognitive decline: Medical evidence of mental impairment
Mental illness: Psychiatric conditions affecting judgment
Medication effects: Drugs impairing mental clarity
Medical testimony: Expert evidence about capacity
Witness observations: Family or caregiver testimony

Undue Influence

Proving improper influence over trust creation:

Caregiver manipulation: Care providers who benefit from trust
Family coercion: Relatives who isolated trustor
Confidential relationships: Abuse of trust by advisors
Sudden changes: Dramatic alterations to previous plans
Isolation tactics: Cutting off contact with other family

Fraud and Forgery

Document fraud: False representations inducing trust creation
Forged signatures: Fake trustor or witness signatures
Altered documents: Changes made after execution
Concealed facts: Hiding material information from trustor

Improper Execution

Witness deficiencies: Problems with witness requirements
Notarization issues: Improper notarial acts
Signature problems: Questions about authentic signatures
Procedural violations: Failure to follow legal formalities

Late Trust Contest Exceptions

Limited Circumstances Allowing Late Filing

Courts may consider late contests when:

Fraud concealment: Active concealment prevented timely discovery
Lack of actual knowledge: Beneficiary genuinely unaware of trust
Defective notice: Notice failed to meet legal requirements
Incapacity during notice period: Beneficiary legally incapacitated
Duress or threats: Prevented from filing timely contest

Factors Courts Consider for Late Contests

Actual knowledge timing: When beneficiary learned of trust terms
Reason for delay: Legitimate explanation for late filing
Prejudice to others: Whether delay harms other beneficiaries
Strength of contest grounds: Evidence supporting the challenge
Good faith basis: Reasonable belief contest has merit

Trust Contest Process and Strategy

Pre-Filing Investigation

Before filing contest, investigate thoroughly:

Document collection: Gather medical records, previous trusts, communications
Witness interviews: Talk to people who knew trustor
Expert consultation: Medical or handwriting experts as needed
Financial analysis: Review changes in asset distribution
Legal research: Understand applicable law and precedents

Contest Filing Requirements

Standing to contest: Prove you're an interested party
Specific allegations: Detail grounds for challenge
Supporting evidence: Include documentation with petition
Requested relief: Specify what outcome you seek
Legal compliance: Follow all court procedural rules

Alternatives to Trust Contests

Trust Modifications and Settlements

Beneficiary agreements: Negotiate changes with all parties
Court-approved modifications: Seek judicial approval for changes
Mediation: Use neutral mediator to resolve disputes
Family settlement conferences: Informal negotiations

Petition Alternatives

Section 850 petitions: Recover trust property
Heggstad petitions: Add assets to trust
Trustee removal petitions: Replace unsuitable trustee
Accounting petitions: Require trustee financial reporting

Costs and Risks of Trust Contests

Financial Considerations

Attorney fees: Hourly rates for complex litigation
Expert witness costs: Medical, forensic, or financial experts
Discovery expenses: Depositions and document production
Court costs: Filing fees and related expenses
Fee shifting risks: Potential responsibility for other side's costs

No-Contest Clauses

Many trusts include provisions that:

Penalize unsuccessful contestants: Forfeit inheritance for losing challenges
Require probable cause: Good faith basis protects from penalty
Limited enforceability: California law limits harsh no-contest clauses
Strategic analysis needed: Weigh contest strength against penalty risk

Professional Guidance for Trust Disputes

Experienced trust litigation attorneys provide:

Deadline monitoring: Ensure compliance with all filing deadlines
Case evaluation: Realistic assessment of contest viability
Evidence development: Professional investigation and expert coordination
Strategic planning: Develop strongest case presentation
Settlement negotiation: Explore resolution alternatives

Protecting Against Trust Contests

Trust creators can minimize contest risks by:

Proper execution: Follow all legal formalities
Capacity documentation: Medical evaluations when appropriate
Independent counsel: Separate attorney representation
Family communication: Discuss trust provisions with family
Regular updates: Keep trust current with changing circumstances

Trust vs. Will Contest Differences

Trust contests differ from will contests in:

Notification requirements: Trust contests require specific notice
Deadline triggers: Different events start the time limit
Privacy levels: Trust contests may be more private
Administration timing: Trust administration often begins before contests

Key takeaway: California's 120-day deadline for trust contests is strictly enforced and begins when you receive proper legal notification. Given the complexity of trust law and the harsh consequences of missing deadlines, potential contestants should consult experienced trust litigation attorneys immediately upon learning of concerning circumstances to evaluate their rights and develop appropriate legal strategies.

Kavesh, Minor & Otis, Inc. — Trusted Estate Administration & Trust Attorneys In Torrance and Serving the Greater South Bay

Are you a successor trustee? We can help you administer a trust smoothly, without stress, surprise & fights.

If you need to speak with an experienced California trust and estate administration lawyer, please contact us online or call us directly at 800.756.5596 to discuss scheduling a free appointment. Please note that our firm can only meet with the Successor Trustee or Executor of a decedent’s CA trust or will. Additionally, we do not contest or litigate any trusts or wills. Our trust and administration law firm proudly serves clients throughout California from our main office in Torrance, as well as those in Redondo Beach, Manhattan Beach, Hermosa Beach, El Segundo, Palos Verdes Peninsula and the Greater South Bay area.

When You Want the Best for Your Loved Ones, Choose Us.

Experience and Expertise. Estate planning and post-death administration are all we do. Our attorneys have over 70 years of combined expertise in the field, and and all of our attorneys have passed an additional Bar examination and peer review process to become State Bar Certified Specialists in Estate Planning, Trust and Probate Law. Two of our attorneys also have Master’s Degrees in Tax Law, giving us unique insight into how estate tax and income tax will affect your family’s inheritance.

Customization and Attention to Detail. Before we create or update your estate plan, we get to know you, your goals, and what matters to you most. We take the time to listen to your concerns and attend to each of your unique needs and desires as if they were our own. When we complete your plan, we perform a detailed quality control process to help ensure your objectives are met. We also provide you with a personalized Owner’s Manual containing all of your important documents, and and provide your successor Trustee with a Manual containing helpful, plain-English checklists and easy-to-follow procedures to follow when the time comes to act.

Lifetime Relationship. All of our estate plans include a free ongoing service package. We take phone calls any time you have questions, perform free estate planning checkups every three years, and keep you abreast of changes in the law and planning strategies with our complimentary newsletters and educational seminars. And, when the time comes, we will be there to help your trustee and loved ones.