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Can I Request a Copy of the Trust from the California Executor?

By October 9, 2025October 14th, 2025No Comments

Table of Contents

Key Takeaways

Understanding the Difference Between a Will and a Trust

Getting a Copy of a California Will

Getting a Copy of a California Trust

Executor vs. Trustee: Who Has the Duty to Provide Documents?

FAQ

How The Grossman Law Firm Can Help

Key Takeaways

  • The executor of a will is not legally required to give you a copy of the will.
  • Trustees, however, must provide copies of the trust to qualified beneficiaries and heirs under California law.
  • The original will must be filed with the probate court and becomes a public record.
  • Beneficiaries can demand a copy of the trust in writing, and the trustee must provide it within 60 days.
  • If the trustee fails to do so, you can petition the probate court to compel them.
  • The Grossman Law Firm helps beneficiaries and heirs across California obtain copies of wills and trusts and enforce their rights.

Understanding the Difference Between a Will and a Trust

People often confuse wills and trusts because both direct what happens to someone’s assets after death. However, under California law, they’re very different legal tools — and that difference matters when you’re trying to get a copy.

  • A will governs assets that pass through probate.
  • A trust governs assets that are titled in its name and generally avoids probate.

Because wills and trusts fall under separate legal frameworks, the process to get copies and who must give them to you differs significantly.

Getting a Copy of a California Will

The executor (also known as the personal representative) manages the estate during probate. If a will exists, it must be lodged with the probate court in the county where the decedent lived before passing.

Here’s what that means for you:

  1. The executor is not required to give you a copy of the will directly.
  2. However, the original will must be deposited with the court, making it a public record.
  3. You can view or request a copy of the will from the probate court clerk.
  4. If you are named as a beneficiary, you should also receive a copy of the probate petition and the will once the executor files the probate petition.

If you’re unsure whether a will exists or how to locate it, see our related resource:
How Do I Find Out If I’m a Beneficiary in a California Will?

Getting a Copy of a California Trust

When it comes to trusts, the key player isn’t the executor — it’s the trustee. The trustee is the person legally responsible for managing the trust and communicating with beneficiaries.

Under California Probate Code §16061.7, once a trust becomes irrevocable, the trustee must notify the beneficiaries and heirs of their right to request a copy of the trust.

If you qualify as a beneficiary or an heir of the settlor (the person who created the trust), you can:

  1. Send a written demand to the trustee asking for a complete copy of the trust, including all amendments.
  2. The trustee then has 60 days to provide the trust documents.
  3. If the trustee does not comply, you can file a petition with the probate court to compel production.

Even if the trustee hasn’t sent a formal notice, you don’t have to wait. A written request starts the clock on their legal duty to respond.

If you need guidance on what to include in your written demand, see our related resource: How Do I Send a Demand Letter for a Copy of the Trust?

Executor vs. Trustee: Who Has the Duty to Provide Documents?

Role Governs Legal Obligation to Provide Documents What You Can Do
Executor Will / Probate Estate No direct duty to provide copies View or request a copy from the probate court
Trustee Trust Assets Must provide a copy within 60 days of written demand Send a written request; file a petition if ignored

Understanding the distinction between the executor’s duties and the trustee’s obligations can save you time and help you take the correct legal steps.

Related Resources

If you found this article helpful, you may also find these resources useful as you navigate probate or trust disputes in California:

FAQ

Can the executor refuse to give me a copy of the will?
Yes. The executor isn’t legally obligated to send you a copy. However, since the original will is on file with the probate court, you can obtain a copy directly from the court clerk.

Do I have a right to see the trust if I’m not a beneficiary?
If you’re an heir of the deceased settlor but not listed as a beneficiary, you still have the right to request a copy of the trust once it becomes irrevocable.

What if the trustee ignores my written request?
If 60 days pass with no response, you can petition the probate court to order the trustee to provide the documents. The court can also impose penalties if the trustee continues to withhold information.

Does this apply to out-of-state trusts?
Yes — if the trustee is administering the trust in California, California law applies, even if the trust was originally created elsewhere.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation. Whether you’re trying to obtain a copy of a trust, question an accounting, or compel a trustee to act, our team can guide you through every step of the process.

Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists can evaluate your case to assess your situation at no cost to you.
Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.