What happens when co-trustees deadlock?

Neither one wins by acting first. Either trustee, or a beneficiary, can petition the court under Probate Code section 17200 to instruct the trustees, and the court can remove one or both under section 15642 where hostility impairs administration.

Is a co-trustee liable for the other's misconduct?

They can be. Probate Code section 16013 gives each co-trustee a duty to participate in administration and to take reasonable steps to prevent a co-trustee's breach or to compel them to redress it. A passive co-trustee who looked away is not automatically safe.

Can a co-trustee act while the other is ill or absent?

Section 15622 allows the remaining co-trustees to act as if they were the only trustees where a co-trustee is unavailable through absence, illness or other temporary incapacity, and only where necessary to accomplish the trust's purposes or avoid irreparable injury to trust property.

Co-Trustee Disputes and Deadlock

California co-trustees must generally act unanimously. Probate Code section 15620 vests a trust power in two or more trustees jointly unless the trust says otherwise, so one co-trustee acting alone usually acts without authority — and a deadlock between them is resolved by petition, not by whoever moves first.

Two pairs of hands resting folded on opposite sides of a single document on a dark wood table, two uncapped fountain pens untouched beside it. — Naming two children as co-trustees is meant to keep things fair. It often just means nothing can happen.

The default rule: both signatures, or neither

California’s default is unanimity. Probate Code section 15620 provides that, unless the trust instrument says otherwise, a power vested in two or more trustees may only be exercised by their unanimous action. That single sentence decides most co-trustee fights: the sibling who moved money, listed the house, or signed the retainer without the other is very often acting outside their authority. The instrument can displace the default — many trusts permit majority action, some give one trustee sole power over a defined category — so the document is read first. Section 16013 then imposes a duty running in the other direction: each co-trustee must participate in administering the trust, and must take reasonable steps to prevent a co-trustee from committing a breach or to compel them to redress one. The passive co-trustee who signed whatever was put in front of them has a problem of their own. Where the two cannot agree, either trustee or a beneficiary may petition under section 17200.

Sources: Probate Code s.15620 - Cotrustees must act unanimously · Probate Code s.16013 - Duty of cotrustees to participate and to prevent breach · Probate Code s.17200 - Petitions concerning internal affairs of trust · Verified 2026-08-17.

Three situations that look alike and are not

Situation	Governing rule	What it means in practice
Co-trustee acts alone, other objects	§15620 unanimity, unless the trust says otherwise	The act was likely unauthorised; the question becomes what it cost the trust
Co-trustee is ill, travelling, or temporarily incapacitated	§15622	The others may act alone, but only as necessary to carry out the trust or avoid irreparable injury
Co-trustee is present and simply refuses to engage	§16013 duty to participate	Not covered by §15622 — refusal to act is itself a breach of duty

Deadlock is not a stalemate you have to live with

Co-trustees who cannot agree often spend a year believing the only options are surrender or attrition. They are not. A petition under section 17200 asks the court to instruct the trustees, and the court can decide the specific question — sell or hold, distribute or reserve — without removing anyone. Where the hostility itself is what is damaging the trust, section 15642 permits removal, and the court can remove one trustee or both.

The passive co-trustee’s exposure

The most common misunderstanding is that the quiet co-trustee is the safe one. Section 16013 says the opposite: the duty to take reasonable steps to prevent or redress a co-trustee’s breach means that knowing about the conduct and doing nothing is its own failure. A co-trustee who suspects the other is taking from the trust and stays silent to keep the peace can end up sharing the liability, and a surcharge can reach them too.

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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.

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