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By Corcoran Smith Law Corp. · Updated

California Trust Contest Deadline Calculator

This tool estimates your California trust contest deadline under Probate Code sections 16061.7 and 16061.8. Enter the date you were served with the trustee's notification, and the statutory delivery date of any copy of the trust. It is an educational estimate, not legal advice.

Educational estimate only. Deadlines depend on facts this tool cannot see — how notice was served, whether it complied with the statute, tolling, and the specific terms of the trust. Only an attorney reviewing your documents can determine your actual deadline. Do not rely on this output to decide whether to act.

Before you start

Gather the Notification by Trustee, any copy of the trust terms, and the proof of service or delivery for each. The notice usually cites Probate Code section 16061.7. The dates printed on the documents may differ from the statutory service or delivery dates.

  1. Find the date you were servedUse the statutory service date, supported by the proof of service. For mailing under section 1215, delivery is complete on deposit in the mail, not when you receive it.
  2. Check whether a copy of the trust came tooUse the delivery date under section 1215: deposit in the mail, personal delivery, or sending by electronic delivery only when its statutory requirements are satisfied. Ask counsel if the method or date is uncertain.
  3. Enter both dates belowLeave the second blank if no copy was delivered. Nothing is sent anywhere — the calculation runs in your browser.
Step 1 of 2

Enter your dates

Use a compliant section 16061.7(a)(1) notice for a specified death-related irrevocability event. A trustee-change notice alone does not establish this contest deadline. Receipt may be later than statutory service.

Leave blank if none was delivered. Delivery under section 1215 during the 120-day window may extend the estimate; use the statutory delivery date, not a later receipt date.

Nothing is transmitted. No account, no email, no record kept.

How the calculation works

InputRuleAuthority
Qualifying death-related notification served120 days from serviceProb. Code §16061.8
Trust copy delivered under section 1215 during that period60 days from delivery, if laterProb. Code §16061.8
No valid notification servedThe period may not have startedFact-dependent — consult counsel

What this tool cannot tell you

It cannot tell you whether the notice was valid. A notification that omits required content, or that was never properly served, may not have started any clock at all — which sometimes means a person who believes they are out of time is not. It also cannot see tolling, no-contest clauses, or the trust’s own terms. Those are the things an attorney looks at, and they change outcomes.

Need help with legal fees?

We litigate select cases on contingency, with no upfront fees.

Costs are separate from the fee, and whether you are responsible for them is set out in the written agreement before you sign anything.

You pay no fee unless there is a recoveryThe firm carries the risk of the case. If nothing is recovered, no fee is owed.
The rate is negotiable, and must say soCalifornia requires the written agreement to state that the fee is not set by law.
Costs are separate, and disclosed up frontThe agreement must state how costs affect the fee before you sign it.

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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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

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