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What Do I Do If My Trustee Won’t Give Me A Copy Of The Trust?

By August 19, 2025November 19th, 2025No Comments

Table of Contents

Key Takeaways
Your Right to Receive a Copy of the Trust in California
When the Trustee Must Send You a Statutory Notice
What the Trustee’s Notice Must Include
How to Make a Proper Written Request
What Happens When the Trustee Ignores Your Request
Filing a Petition in California Probate Court
FAQ
Related Resources
How The Grossman Law Firm Can Help

Key Takeaways

  • Beneficiaries and heirs are entitled to a copy of the trust once the trust becomes irrevocable under California law.
  • A trustee must send formal statutory notice within 60 days of the trust becoming irrevocable.
  • After you make a written request, the trustee has 60 days to provide a complete copy of the trust and all amendments.
  • If the trustee refuses or ignores your request, you may petition the California probate court to compel them to comply.
  • Trustees who fail to provide notice may be held personally liable for damages, attorney’s fees, and costs.

Your Right to Receive a Copy of the Trust in California

When a loved one dies, beneficiaries need to understand their rights. If the trust has become irrevocable, the California Probate Code entitles beneficiaries, and even heirs who are not beneficiaries, to receive a copy of the trust.

Irrevocability is the threshold that matters.

If the trust’s creators (the settlors) are still alive and the trust remains revocable, no one has the legal right to demand a copy. But once the settlors have passed, the trust becomes irrevocable, and beneficiaries gain the right to inspect it.

Suppose your trustee refuses to give you a copy after the trust becomes irrevocable. In that case, that is a red flag in trust administration.

When the Trustee Must Send You a Statutory Notice

Under California Probate Code section 16061.7, the trustee must send a formal written notice to trust beneficiaries when any of the following occur:

  1. A revocable trust (or part of it) becomes irrevocable upon the settlor’s death.
  2. There is a change of trustee of an irrevocable trust.
  3. A retained power of appointment becomes effective or lapses upon the settlor’s death.

For most families, the first scenario applies: a trust becomes irrevocable upon the settlor’s death.

Deadline to Send Notice

The trustee must send this notice within 60 days of the triggering event.

Failure to meet this deadline exposes the trustee to liability.

What the Trustee’s Notice Must Include

California law requires that the notice include:

  • The names of the settlors and the date the trust was signed
  • The name, mailing address, and phone number of each acting trustee
  • The address where the trust is administered
  • Any information required by the trust document itself
  • A statement informing beneficiaries that they are entitled to request a true and complete copy of the trust and all amendments

This final point is critical because it establishes your right to make a “reasonable request” for the trust.

How to Make a Proper Written Request

A beneficiary must request a copy of the trust in writing.

A verbal request is not enough, and will not help you in court later.

You may send this written request yourself or ask an attorney to send it on your behalf. California law does not require any specific format, but it must:

  • Be in writing
  • Request a complete copy of the trust and all amendments
  • Be sent to the trustee or their attorney
  • Be dated

This written request will serve as your key evidence if the trustee does not respond.

Once the trustee receives your request, they have 60 days to provide the trust document.

What Happens When the Trustee Ignores Your Request

If 61 days have passed after your written request and the trustee has not responded, you may petition the probate court.

A trustee who fails to comply with these legal requirements risks significant consequences. California Probate Code allows the judge to hold the trustee liable for:

  • The damages the beneficiaries suffered due to the failure
  • Attorney’s fees
  • Court costs

Trustees who withhold copies of the trust often failed to send the required statutory notice as well. You may address both violations in the same court petition.

Filing a Petition in California Probate Court

If a trustee refuses to provide the trust despite a valid written request, the next step is filing a petition with the probate court. The petition typically requests:

  • An order compelling the trustee to provide a copy of the trust and amendments
  • Reimbursement of attorney’s fees and costs
  • A finding that the trustee failed to comply with statutory notice requirements
  • Any additional relief necessary to protect the beneficiaries

Judges may not award every dollar in requested fees, but beneficiaries frequently recover a portion. More importantly, you obtain the document you need to evaluate your rights and decide whether further litigation is required.

This step often uncovers deeper issues, such as mismanagement of trust assets, delayed distributions, or breaches of fiduciary duty, because trustees who avoid transparency commonly fail in other areas of administration.

For more on whether your trustee is breaching your fiduciary duties, see “20 Ways Your Trustee Can Be Breaching Their Fiduciary Duties.“

FAQ

Can a trustee refuse to give me a copy of the trust?

No. Once the trust becomes irrevocable, beneficiaries have a legal right to a copy of the trust.

How long does a trustee have to respond to my written request?

The trustee must provide a copy within 60 days of receiving your written request.

What if the trustee never sent the statutory notice?

You may raise this issue in court, and the trustee may be personally liable for damages, attorney’s fees, and costs.

Can I request the trust even if I’m not a named beneficiary?

Yes. Heirs of the settlors are entitled to a copy once the trust becomes irrevocable.

Do I need an attorney to file the petition?

No, but having an attorney significantly improves clarity, compliance, and your chances of obtaining relief and recovering fees.

Related Resources

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.

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.

Originally Published May 30, 2017