By: Scott Grossman on July 2nd, 2025

How to Get a Copy of a Trust

If you haven't gotten a copy of the trust, there might be other problems in getting your inheritance. After you finish reading this guide, you will know if you need to begin trust litigation and what you can expect moving forward.

Guide To Trust Litigation

Key Takeaways
What Is a Trust and Why You May Need a Copy
Who Can Get a Copy of the Trust
When Must a Trustee Provide a Copy of the Trust?
Steps to Get a Copy of the Trust
What to Include in a Written Demand Letter
Trustee’s Notice vs. Written Demand
What If the Trustee Doesn’t Respond?
California Trust Litigation: Next Steps

Key Takeaways

In California, trustees are legally required to provide copies of the trust to beneficiaries and heirs upon written request.
If you request a copy and the trustee does not comply within 60 days, you can petition the probate court.
Heirs, even if disinherited, are entitled to a copy to determine if they want to contest the trust.
A written demand starts the legal clock; a trustee’s standard notice does not substitute for this demand.
A delayed response could indicate deeper problems with trust administration.

What Is a Trust and Why You May Need a Copy

At The Grossman Law Firm, we understand that navigating a trust after a loved one passes away can be overwhelming. A trust is a legal document that outlines how a person’s assets should be managed and distributed. When someone passes away, the trustee is responsible for administering the trust. If you believe you’re a beneficiary or heir, it’s critical to review the trust document to understand your rights.

How to Get a Copy of the Trust

Who Can Get a Copy of the Trust

Under California law:

Trust beneficiaries have the right to request and receive a copy of the trust.
Heirs of the settlor (the person who created the trust) also have the legal right to obtain a copy.

An heir can include a spouse, children, grandchildren, parents, siblings, nieces, and nephews. Friends and in-laws are not considered legal heirs and do not have a right to the document.

Even if you were told you were disinherited, you still have the right to request a copy to evaluate whether to file a trust contest.

When Must a Trustee Provide a Copy of the Trust?

Yes. A trustee must provide a true and complete copy of the trust and any amendments within 60 days of receiving a written demand from a beneficiary or heir.

Exceptions:

If the trust is revocable and the settlor is still alive and competent, the trustee is not required to provide a copy.
If the trustee and beneficiary are the same person, the trustee is not obligated to provide a copy to themselves.

Steps to Get a Copy of the Trust

Send a Written Demand to the trustee requesting a copy of the trust and any amendments.
Wait 60 days for a response.
If no copy is provided, file a petition with the probate court to compel the trustee to provide it.

What to Include in a Written Demand Letter

The date of the request
Your full name and contact information
Your relationship to the settlor (beneficiary or heir)
A clear request for a complete copy of the trust and all amendments

For help writing your letter, use our free Demand Letter Template.

Trustee’s Notice vs. Written Demand

Trustees are required to send a notification when a trust becomes irrevocable after the settlor’s death. This notice includes:

The identity of the settlor
Contact information for the trustee
The location where the trust is being administered
A statement informing you of your right to request a copy of the trust

This notification is not a substitute for a written demand. Therefore, if you don’t receive a copy with the notice, you must still make a formal request.

What If the Trustee Doesn’t Respond?

Once 60 days pass after your written demand, you have legal grounds to file a petition with the probate court. Your dated demand letter and the trustee’s failure to respond are key pieces of evidence.

If you haven’t received the trust, there may be other concerns about how the trustee is managing your inheritance. This may be the time to speak with an experienced trust litigation attorney.

California Trust Litigation: Next Steps

At The Grossman Law Firm, we understand how difficult it is to grieve a loss while fighting for your rights as a beneficiary. That’s why we guide clients through trust disputes with professionalism and compassion.

For more on trust litigation, see our:

If you suspect wrongdoing or need help getting a copy of the trust, contact us today. 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.