What Is a 16061.7 Notice?
A 16061.7 notice is the formal notification a California trustee must serve after a revocable trust becomes irrevocable, usually on the settlor's death. It identifies the trust and trustee, tells you that you may request the trust's terms, and starts a 120-day clock to contest.
What the notice must contain and what it triggers
Probate Code section 16061.7 requires a California trustee to serve notification when a revocable trust or any portion of it becomes irrevocable, most commonly on the death of the settlor. The notification must go to each beneficiary of the irrevocable trust and to each heir of the deceased settlor, generally within 60 days. It identifies the settlor, the trust, and the trustee, gives the trustee's contact information, and states that the recipient is entitled to request a complete copy of the terms of the trust. The statute also requires a warning that an action to contest the trust must be brought within 120 days of service of the notification, or 60 days after a copy of the trust's terms is mailed during that period, whichever is later. That warning is the single most consequential sentence most beneficiaries will ever receive by mail, and it is routinely set aside unread during a period of grief.
Sources: Probate Code s.16061.7 - Trustee notification · Probate Code s.16061.8 - 120-day contest period · Probate Code s.16060 - Trustee duty to inform and report · Verified 2026-08-03.
What to do when one arrives
| Step | Why it matters |
|---|---|
| Keep the envelope | The postmark can establish the service date your deadline runs from |
| Note the date received | This is the input to every deadline calculation |
| Request the trust in writing | Creates a record and may extend your window |
| Do not wait to read the trust before acting | The clock runs whether or not you have the document |
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Costs are separate from the fee, and whether you are responsible for them is set out in the written agreement before you sign anything.
How contingency fees work in California
A contingency fee means the attorney is paid from what is recovered rather than by the hour, so a beneficiary who cannot fund litigation out of pocket can still bring a claim. California regulates these agreements closely. Under Business and Professions Code section 6147, the agreement must be in writing and the attorney must give the client a duplicate copy, signed by both, when the contract is made. It must state the agreed contingency rate; how disbursements and costs incurred in prosecuting or settling the claim will affect that fee; and to what extent the client could be required to pay for related matters. Unless the matter falls under section 6146, the agreement must also state that the fee is not set by law and is negotiable. These are not formalities: failure to comply with any provision of section 6147 makes the agreement voidable at the client’s option, leaving the attorney entitled only to a reasonable fee.
Sources: Business and Professions Code s.6147 - Contingency fee contracts · Verified 2026-08-03.
Not every matter suits a contingency arrangement, and the firm does not take every case on one. Whether yours qualifies depends on the facts, the likely recovery, and the assets actually available to satisfy a judgment. Ask when you call.
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