By Corcoran Smith Law Corp. · Published · Updated
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.
Contesting the trust document? Start with how to contest a living trust in California. This hub covers every other kind of trust dispute: claims against the trustee, accountings, removal and recovery.
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 or lack of cooperation among cotrustees that impairs 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, as appropriate under the circumstances, 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, or 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. If the question is whether the document is valid at all, go straight to how to contest a living trust in California. Fees run through it either way — what the trustee may charge the trust and who pays for the litigation.
- Living trust disputesWhat can be challenged, and by whomRead this
- Contesting a living trustGrounds, evidence, the 120-day clockRead this
- Breach of fiduciary dutyThe claim against the trusteeRead this
- Trustee surchargeMaking a trustee pay personallyRead this
- Removing a trusteeGrounds under §15642Read this
- Trustee will not distributeCompelling the distribution the trust directsRead this
- Co-trustee disputesDeadlock, unanimity under §15620Read this
- Beneficiary rightsNotice, information, distributionRead this
- Who pays the fees§17211 fee-shiftingRead this
- Modifying or ending a trust§§15403, 15404 and 15409Read this
The clock that governs everything
After the specified trustee notification, section 16061.8 generally sets a trust-contest deadline of 120 days from service or 60 days from delivery of the trust terms during that period, whichever is later. Claims about trustee conduct can have different limitation periods. The substance of the claim and the notice and delivery dates determine which rules apply.
Estimate your contest deadlineFree. Takes about a minute. No account required.Common questions
What is trust litigation in California?
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 cases begin with a petition under Probate Code section 17200, which lets a trustee or beneficiary petition the court concerning the internal affairs of the trust. Which claim applies depends on whether the dispute concerns the document, the person administering it, or where the money went.
Can a California trustee be personally liable for losses to the trust?
Yes. Under California Probate Code section 16440, a trustee who commits a breach of trust is chargeable with any loss or depreciation in value of the trust estate resulting from the breach, with interest, any profit the trustee made through the breach, with interest, or 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.
What are the grounds to remove a trustee in California?
A California court can remove a trustee under Probate Code section 15642 for breach of trust, unfitness, insolvency, excessive compensation, hostility impairing administration, failure to act, or other good cause. Removal is among the relief available when a trustee or beneficiary petitions the court concerning the internal affairs of the trust under section 17200. On such a petition the court can also compel an accounting, compel disclosure or instruct the trustee.
Does the 120-day trust contest deadline apply to claims against a trustee?
The rule in California Probate Code section 16061.8 concerns contests of the trust instrument. After the specified notice, it generally allows 120 days from service or 60 days from delivery of trust terms during that period, whichever is later. Claims about a trustee's conduct can have different limitation periods. The substance of the claim, notices and discovery dates matter; labeling a claim differently does not necessarily avoid a contest deadline.
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.
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.
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.
Also cited above, explained elsewhere on this site
- Probate Code section 16061.7
- Trustee notification. Where section 16061.7 is explained
- 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