When a Trustee Will Not Distribute
A California trustee must administer the trust according to its terms under Probate Code section 16000. Where the trust directs a distribution and the trustee will not make it, a beneficiary petitions under section 17200 to compel it — and delay that costs the trust can be recovered by surcharge under section 16440.
The trustee does not get to decide whether the trust means what it says
Probate Code section 16000 puts it plainly: on acceptance of the trust, the trustee has a duty to administer it according to the trust instrument and, except where the instrument provides otherwise, according to the Trust Law. Where the instrument directs that a share be distributed outright on the settlor’s death, the trustee’s view of whether a beneficiary deserves it or will spend it wisely is not a lawful reason to hold it. The remedy is a petition under section 17200 concerning the internal affairs of the trust, which lets the court instruct the trustee and compel the distribution. Delay is not free to the trustee either: section 16440 makes a trustee chargeable with loss or depreciation resulting from a breach with interest, and with profit that would have accrued to the trust but for the breach — the measure that reaches value lost while property sat idle. Legitimate holdbacks exist — taxes, debts, reserves — and a trustee doing it properly can explain the number.
Sources: Probate Code s.16000 - Duty to administer the trust according to the trust instrument · Probate Code s.17200 - Petitions concerning internal affairs of trust · Probate Code s.16440 - Measure of liability for breach of trust · Verified 2026-08-17.
Reasons that are proper, and reasons that are not
| Trustee’s reason | Usually proper? | What to ask for |
|---|---|---|
| Holding a reserve for taxes, debts or final expenses | Yes, if reasonable in amount | The figure, and what it is calculated against |
| Waiting out the contest period or a pending claim | Often | The date the period ends and what happens then |
| “I do not think you should have it yet” | No, where the trust directs the distribution | The clause the trustee says gives them that power |
| No explanation at all | No | An accounting — see below |
Ask for the accounting first
The fastest way to convert a vague refusal into something a court can act on is to compel an accounting. It forces the trustee to state what the trust holds, what has left it and where it went. A trustee who is holding a proper reserve produces this readily. A trustee who has been paying themselves, lending to a relative, or living in the property tends not to, and the resistance itself becomes evidence.
Where discretion genuinely exists
Not every distribution is mandatory. Trusts often give the trustee discretion measured against a standard — health, education, maintenance and support is the common one. Where that is the language, the question is not whether the court would have decided differently but whether the trustee exercised the discretion honestly and within the standard. A trustee who never considered the request at all has still failed, because declining to decide is not an exercise of discretion.
Related: what you are entitled to receive, removal under §15642, making the trustee pay personally, and co-trustee deadlock.
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.
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