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Trust

How to Get a Copy of a Trust

By October 21, 2025October 24th, 2025No Comments

If you haven’t received a copy of the trust document, other issues may be delaying your inheritance. By the end of this guide, you’ll understand whether it’s time to begin trust litigation and what steps to expect next.

Overview of California Trust LitigationOverview of California Trust Litigation

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Key Takeaways

  • In California, once a trust becomes irrevocable—usually after the settlor’s death—beneficiaries and heirs gain the right to receive a copy of the trust.
  • The trustee must provide a copy of the trust within 60 days after a written request.
  • If the trustee refuses or ignores your request, you may need to petition the probate court to compel disclosure.
  • Acting quickly helps protect your inheritance rights and prevents trustee misconduct.
  • The Grossman Law Firm helps beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.

Why Having a Copy of the Trust Matters

A trust document defines how assets are managed and distributed. Without access to it, you can’t verify:

  • What you’re entitled to receive
  • Whether the trustee is acting within the terms of the trust
  • If assets are being mismanaged or distributed improperly

Obtaining the trust document is often the first—and most important—step in protecting your inheritance.

Who Is Entitled to a Copy of the Trust?

Under California Probate Code § 16061.7, once a trust becomes irrevocable, the following people are entitled to a copy of the trust and all amendments:

  • Named beneficiaries in the trust
  • Heirs of the deceased settlor (those who would inherit under intestate succession if there were no trust or will)

If the trust is still revocable and the settlor is alive, beneficiaries generally do not yet have a right to see it. That right begins when the trust becomes irrevocable—typically at the settlor’s death.

What the Trustee Must Provide – and When

California law requires the trustee to:

  1. Notify all beneficiaries and heirs within 60 days of the settlor’s death that the trust has become irrevocable.
  2. Inform them of their right to request a copy of the trust document.
  3. Provide a true and complete copy of the trust within 60 days after receiving a written demand.

If the trustee fails to do this, you can petition the court to compel production—and in some cases, request that the trustee pay your legal fees.

Steps to Get a Copy of the Trust

1. Send a Written Demand

Write to the trustee requesting a “true and complete copy” of the trust and any amendments.

  • Send your request by certified mail or another trackable method.
  • Clearly state your relationship to the settlor (for example, “I am a named beneficiary under the trust”).
  • Keep a copy of the letter and proof of mailing.

2. Wait for the 60-Day Response Period

Once your request is received, the trustee has 60 days to respond and provide the documents. If the trustee complies, review the trust with an attorney to confirm your rights and distribution details.

3. File a Petition if the Trustee Refuses

If the trustee ignores your request or refuses to provide the trust:

  • File a petition in the California probate court asking the judge to order the trustee to deliver the document.
  • The court may also impose sanctions or attorney’s fees if the trustee’s refusal was unreasonable.

The Grossman Law Firm can prepare and file this petition on your behalf and handle all court proceedings for you.

Common Problems Beneficiaries Face

  • The trustee ignores your request: Your written demand starts the 60-day clock. Without it, you have limited recourse.
  • The trust is “lost” or “missing”: The court can order the trustee to produce a copy or reconstruct it using available records.
  • You’re told you have “no right” to see it: If you’re a named beneficiary or heir, you likely do.
  • The trust is still revocable: If the settlor is alive, you may have to wait until the trust becomes irrevocable.

These situations often signal that professional legal guidance is needed to protect your interests.

Why Acting Quickly Matters

Waiting too long to get a copy of the trust can put your inheritance at risk. Acting fast helps you:

  • Protect your rights before legal deadlines expire.

  • Preserve evidence of possible trustee misconduct.

  • Prevent assets from being sold or distributed improperly.

At The Grossman Law Firm, we move quickly to enforce California’s 60-day rule, compel trustees to produce the trust, and protect your inheritance before it’s too late. If your trustee is ignoring you or delaying, don’t wait—contact us now to safeguard your rights.

FAQ

When does my right to a copy of the trust begin?

Your right begins when the trust becomes irrevocable—usually after the settlor’s death—and once you make a proper written request.

Can the trustee refuse to provide a copy?

No. Once you qualify as a beneficiary or heir under Probate Code § 16061.7, the trustee must provide a copy within 60 days. A refusal can justify a court petition.

What if the trustee says the document was lost or destroyed?

You can petition the court to compel the trustee to provide any available copies or reconstruct the trust from evidence.

Will I automatically be informed about distributions?

Not necessarily. The trustee must notify you of your rights, but you may need to request an accounting to understand what’s being distributed.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we represent beneficiaries and heirs throughout California in trust and probate litigation. If your trustee hasn’t provided a copy of the trust, we can:

  • Draft and send your written demand to ensure compliance with California law
  • Monitor the 60-day deadline and prepare your petition if the trustee fails to act
  • Seek court orders compelling disclosure and reimbursement of your attorney’s fees
  • Review the trust once obtained to identify potential breaches of fiduciary duty

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.

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Originally Published Mar 25, 2022