By Corcoran Smith Law Corp. · Updated
How Long Do You Have to Contest a Trust in California?
In California you generally have 120 days from service of the trustee's notification under Probate Code section 16061.7 to bring an action contesting the trust. If a copy of the trust's terms is delivered pursuant to section 1215 during that period, you have until 60 days after delivery, whichever date falls later.
For the notice’s contents and who must receive it, read what a section 16061.7 notification means. This page focuses on the contest deadline.
The two dates that matter
Two dates govern nearly every California trust contest. The first is the date the trustee served the notification required by Probate Code section 16061.7, which must be given when a revocable trust becomes irrevocable, generally on the settlor's death. Service of that notification starts a 120-day period within which any action contesting the trust must be brought. The second date matters only if a copy of the terms of the trust is delivered pursuant to section 1215 to the beneficiary during that 120-day window: in that situation the period runs until 60 days after the copy was delivered, if that date falls later than the original 120-day date. Because the extension depends on delivery occurring inside the original window, a copy sent afterward does not restart the clock. The practical consequence is severe and frequently misunderstood: a single letter, often arriving while a family is still grieving, can quietly extinguish a valid claim four months later.
Sources: Probate Code s.16061.7 - Trustee notification · Probate Code s.16061.8 - 120-day contest period · Verified 2026-09-22.
Worked examples
| Notification served | Trust copy delivered | Estimated deadline | Why |
|---|---|---|---|
| March 1 | Never | June 29 | 120 days from service |
| March 1 | March 10 | June 29 | 60 days from delivery is earlier; the 120-day date controls |
| March 1 | June 20 | August 19 | Delivered inside the window; 60 days from delivery is later |
| March 1 | July 15 | June 29 | Delivered after the window closed; no extension |
Illustrative only. Actual dates depend on how and when notice was served and whether it complied with the statute.
Estimate your own deadlineFree calculator. Under a minute.The 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.
Also cited above, explained elsewhere on this site
- Probate Code section 16061.7
- Trustee notification. Where section 16061.7 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