What is trust litigation in California?

A court dispute concerning a trust, heard in the probate department. It includes contests of the instrument, breach of fiduciary duty and surcharge claims against a trustee, petitions to compel an accounting, removal of a trustee, and claims to recover trust property.

How does trust litigation start?

Usually with a petition under Probate Code section 17200 concerning the internal affairs of the trust — to compel an accounting, compel disclosure, instruct the trustee, or seek removal. A contest of the instrument runs on its own shorter clock.

Can a trustee be made to pay personally?

Yes. Probate Code section 16440 makes a trustee chargeable for loss or depreciation resulting from a breach with interest, for any profit made through the breach, and for profit the trust would have earned but for the breach.

California Trust Litigation

California trust litigation is a dispute over a living trust, brought in the probate court. It covers contesting the trust itself, removing or surcharging a trustee, compelling an accounting, and recovering property. Most begin with a petition under Probate Code section 17200.

A tall stack of manila legal folders bound with red ribbon on a polished conference table, tall windows behind. — Almost every trust dispute turns on a record someone did not want produced.

What the court can actually do

Trust litigation in California runs through Probate Code section 17200, which lets a trustee or beneficiary petition the court concerning the internal affairs of the trust. The relief available is broader than most people expect. The court can compel an accounting, compel disclosure, instruct the trustee, and remove one under section 15642 for breach of trust, unfitness, insolvency, excessive compensation, hostility impairing administration, failure to act, or other good cause. It can also reach the trustee’s own pocket: section 16440 makes a trustee who commits a breach chargeable with any loss or depreciation in the value of the trust estate resulting from that breach with interest, any profit the trustee made through the breach with interest, and any profit that would have accrued to the trust had the breach not caused its loss. Where the trustee acted reasonably and in good faith, the court has discretion to excuse liability in whole or in part.

Sources: Probate Code s.17200 - Petitions concerning internal affairs of trust · Probate Code s.16440 - Measure of liability for breach of trust · Probate Code s.15642 - Removal of trustee · Verified 2026-08-03.

Where to start

Trust litigation is not one claim. Which one you have depends on whether you are challenging the document, the person administering it, or where the money went. Fees run through it either way — what the trustee may charge the trust and who pays for the litigation.

The clock that governs everything

If a trustee has served you a notification under section 16061.7, a contest of the instrument generally must be brought within 120 days — and that period runs whether or not anyone explained it. Claims against the trustee’s conduct run on different and usually longer timelines, which is why the first question in any matter is which clock applies.

Estimate your contest deadlineFree. Takes about a minute. No account required.

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.

We Answer 24/7 — Call Anytime · (415) 275-1492