By Corcoran Smith Law Corp. · Updated
California 16061.7 Notice: What to Do Next
A California section 16061.7 notice identifies the trust and trustee and explains how to request the trust terms. For specified death-related irrevocability events, it also warns of a contest deadline: generally the later of 120 days after service or 60 days after qualifying delivery of the terms during that period.
What the notice must contain and what it triggers
Section 16061.7 requires notification for specified death-related irrevocability events, a change of trustee of an irrevocable trust, and certain retained powers of appointment taking effect or lapsing at death. Recipients and required content depend on the event. The contest warning applies to the death-related irrevocability events in subdivision (a)(1); a trustee-change notice alone does not establish that deadline. Service is generally required within 60 days, subject to the statute’s later-discovered recipient and trustee-vacancy rules. The notice identifies the settlor, trust and trustee, provides contact information, and explains the right to request the trust terms. For the specified death-related irrevocability events, the warning describes the later of 120 days after service or 60 days after qualifying delivery of the terms during that period.
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 2026-09-22.
What to do when one arrives
| Step | Why it matters |
|---|---|
| Keep the notice, envelope and proof of service | These help establish how and when the notice was served |
| Verify the service date | Do not substitute the day you opened the envelope; service and receipt can differ |
| Request the complete trust terms in writing | Keep the request and delivery record; a request alone does not extend the deadline |
| Do not wait to read the trust before acting | The clock runs whether or not you have the document |
Common questions about a trustee notice
Is there one required California 16061.7 notice form?
Section 16061.7 specifies required information and, for the specified death-related events, a prominently displayed deadline warning. A document called a “notice to beneficiaries” still needs to satisfy those requirements. Compare the document with the statute, rather than relying on its heading.
Does requesting a copy of the trust stop the deadline?
The request itself does not stop the clock. Section 16061.8 ties the alternative period to delivery of the trust terms during the initial period. Keep both sets of records and read the trust-contest deadline guide.
If the notice raises concerns about a change to the trust, start with contesting a trust. For documents or administration updates, see beneficiary information rights. An inheritance attorney can help identify which issue applies.
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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.
Call Anytime — Answered 24/7 · (213) 695-7353The Probate Code sections behind this page
Each section links to its official text at the California Legislature’s own site. The full index of sections covers the rest of the Code.
- Probate Code section 16061.7
- Trustee notification. Read section 16061.7
Also cited above, explained elsewhere on this site
- Probate Code section 16060
- Trustee duty to inform and report. Where section 16060 is explained
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