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By: Scott Grossman on April 17th, 2018

What to Include in a Petition for Court Oversight of a Trust

Typically, trusts are administered without the need for court oversight. This often makes for an easier, and sometimes less expensive, trust administration process. There are some circumstances, however, when court oversight of a trust administration is desirable. As a beneficiary, you may want the court to change trustees, force the trustee to prepare an accounting, or make a distribution. As a trustee, you may want the court to decide the validity of the trust or an amendment. You might also want it to interpret a provision within the trust itself.

Seven Pieces of Information to Include in a Petition for Court Oversight of a Trust:

Regardless of your motivation for pursuing court involvement of the trust administration, certain important pieces of information must be included. This information includes the following:

  1. The name of the decedent.
  2. The date of his or her death.
  3. The full name of the trust, and include a copy as well as copies of all amendments.
  4. The specific request that you are making from the court, such as a petition for instructions, to compel an accounting, to remove a trustee, or to determine the validity of the trust or an amendment.
  5. Your relationship to the trust, such as whether you are a beneficiary, trustee, or other interested parties.
  6. If you are seeking to have a trustee removed, the petition should include the successor that you would like named in his or her place.
  7. The specific time period during which you are requesting an accounting.

Preparing a proper petition can make or break your success when going before the court.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form.  If you want a comprehensive overview of California Probate, then click here. Should you have additional questions about trust litigation, then you will find plenty of useful information in our Learning Center.