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 mailed during that period, you have until 60 days after mailing, whichever date falls later.
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 mailed to the beneficiary during that 120-day window: in that situation the period runs until 60 days after the copy was mailed, if that date falls later than the original 120-day date. Because the extension depends on mailing 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 2026-08-03.
Worked examples
| Notification served | Trust copy mailed | Estimated deadline | Why |
|---|---|---|---|
| March 1 | Never | June 29 | 120 days from service |
| March 1 | March 10 | June 29 | 60 days from mailing is earlier; the 120-day date controls |
| March 1 | June 20 | August 19 | Mailed inside the window; 60 days from mailing is later |
| March 1 | July 15 | June 29 | Mailed 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.
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