By Corcoran Smith Law Corp. · Published · Updated
California Co-Trustee Disputes: What to Do Next
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 may require court instructions if the trustees cannot resolve it.
Start with the decision that is stuck
- Read the current trust and amendments. Find the provisions about signatures, independent powers, vacancies and resolving disagreements. Do not assume that being the older sibling or managing the bank account gives one trustee the final say.
- Put the disputed decision in writing. Identify the proposed sale, payment or distribution, each trustee’s position, the supporting records and any deadline. Keep copies of requests and responses.
- Describe the harm from waiting. Missed bills, an expiring sale offer and unexplained withdrawals raise different questions from a disagreement that has not delayed administration.
- Choose the next discussion. A written proposal or mediation may resolve the issue. If it remains blocked, ask a California inheritance attorney whether court instructions, an accounting or removal fits the evidence.
If a transfer or loss of trust property is imminent, obtain legal advice promptly about protective relief. Do not treat this checklist as permission to move money or sign for another trustee.
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 | Check the trust terms, applicable exceptions and the transaction before deciding whether authority was missing |
| 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 | Disagreement alone does not establish a breach. Document any failure to perform duties or harm to administration; §15642 provides grounds for removal that a court must evaluate |
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.
Bring the right records to a lawyer
Bring the trust and amendments, trustee appointments or resignations, recent accountings, the proposed transaction, written objections and any court papers. State whether you are a co-trustee, a beneficiary, or both. A lawyer retained by another trustee does not automatically represent you.
If you are a beneficiary waiting for information or a distribution, start with your information and accounting rights and a written inheritance status request. Beneficiary petition rights can be limited while a trust is revocable under section 15800; counsel should check your standing before filing.
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.
Related: removing a trustee under §15642, the underlying breach claim, compelling an accounting, how §15683 splits compensation between them, and a trustee who will not distribute.
Common questions
Can one co-trustee act without the other co-trustee in California?
California's default rule is unanimity. Under Probate Code section 15620, unless the trust instrument says otherwise, a power vested in two or more trustees may only be exercised by their unanimous action. A co-trustee who moves money, lists a house or signs a retainer alone is very often acting outside their authority. The trust can displace the default, for example by permitting majority action or giving one trustee sole power over a defined category, so the trust document is read first.
What happens when co-trustees in California cannot agree?
When California co-trustees cannot agree, either trustee or a beneficiary may petition the court under Probate Code section 17200. The court can instruct the trustees and decide the specific question, such as whether to sell or hold, or distribute or reserve, without removing anyone. Where the hostility between the trustees is itself damaging the trust, section 15642 permits removal, and the court can remove one trustee or both.
Can a co-trustee act alone if the other trustee is ill or away?
Under California Probate Code section 15622, unless the trust provides otherwise, if a co-trustee is unavailable because of absence, illness or other temporary incapacity, the remaining co-trustees may act alone. They may do so only where necessary to accomplish the purposes of the trust or to avoid irreparable injury to trust property. The rule addresses temporary unavailability, not a co-trustee who is present and simply refuses to act.
Is a passive co-trustee responsible for the other trustee's misconduct?
Under California Probate Code section 16013, each co-trustee must participate in administering the trust and must take reasonable steps to prevent a co-trustee from committing a breach of trust or to compel them to redress one. Knowing about a co-trustee's conduct and doing nothing is its own failure. A co-trustee who suspects the other is taking from the trust and stays silent can end up sharing the liability, and a surcharge can reach them too.
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Sources: Business and Professions Code s.6147 - Contingency fee contracts · Verified 2026-08-03.
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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 15620
- Cotrustees must act unanimously. Read section 15620
- Probate Code section 15622
- Cotrustee unavailable through absence or incapacity. Read section 15622
- Probate Code section 16013
- Duty of cotrustees to participate and to prevent breach. Read section 16013
Also cited above, explained elsewhere on this site
- Probate Code section 17200
- Petitions concerning internal affairs of trust. Where section 17200 is explained
Before you call: What a dispute costs · How a case runs · Which court hears it
Attorney, fiduciary or financial advisor with a client matter? How to refer a California probate or trust matter