Back to the Learning Center

By: Scott Grossman on July 7th, 2025

Irrevocable Trust Beneficiary Rights in California

Table of Contents

  • When Do Irrevocable Trust Beneficiary Rights Begin?
  • Key Rights for Beneficiaries Under California Law
    • Right to a Copy of the Trust
    • Right to Information About Trust Administration
    • Right to a Financial Accounting
  • What to Do If a Trustee Violates Your Rights
  • Frequently Asked Questions
  • Learn More About Trust Litigation
  • How The Grossman Law Firm Can Help

When Do Irrevocable Trust Beneficiary Rights Begin?

If your parent or grandparent created a trust and has passed away, you may be wondering what your rights are. Under California law, your rights as a trust beneficiary depend on whether the trust is revocable or irrevocable.

Most trusts are revocable during the trust creator’s lifetime. But once the creator dies, those trusts often become irrevocable, unlocking rights to beneficiaries. These rights include access to information, a copy of the trust, and the ability to hold the trustee accountable under the California Probate Code.

At The Grossman Law Firm, we help beneficiaries understand and enforce these rights every day. Whether you’ve been kept in the dark or suspect the trustee isn’t doing their job, we’re here to ensure you get the information—and the inheritance—you deserve.



Irrevocable Trust Beneficiary Rights in California

Key Rights for Beneficiaries Under California Law

As a beneficiary of an irrevocable trust, you are entitled to the following:

Right to a Copy of the Trust

After the death of the trust creator, the trustee must send out a legal notice to beneficiaries within 60 days. This notice informs you of your right to request a copy of the trust. Contrary to popular belief, the trustee is not automatically required to send you the trust document—you must make a reasonable written request.

If you request the trust and do not receive it within 60 days, you have the right to petition the probate court to compel the trustee to provide it.

At The Grossman Law Firm, we regularly assist clients with these petitions. If your trustee is ignoring your requests, we’re here to help enforce your rights.

Right to Information About Trust Administration

Under California Probate Code § 16060, trustees are required to keep beneficiaries reasonably informed about the administration of the trust. While early in the process, the trustee may only have general information about the estate (like a house or investment account), over time, they should share detailed information about:

  • Trust assets and liabilities
  • Status updates on sales, clean-outs, or repairs
  • Expected timelines for key steps

Lack of communication or vague answers can be a red flag. The Grossman Law Firm can help you take action if a trustee is delaying administration or withholding information.

Right to a Financial Accounting

Trustees are legally required to account for the finances of the trust. This includes:

  • Assets owned by the trust on the date of death
  • Income received and disbursements made
  • Remaining assets on hand

While the trustee doesn’t have to provide every receipt, the accounting must include enough detail to evaluate their handling of trust property.

If you believe the accounting is inaccurate or incomplete, our firm can assist you in challenging it. We have experience litigating trustee accountings and obtaining supporting documents through court action.

What to Do If a Trustee Violates Your Rights

Unfortunately, some trustees don’t take their duties seriously. Others may act in bad faith or try to delay distributions for their own benefit. Common signs of trouble include:

  • Refusing to provide the trust
  • Failing to share asset or debt information
  • Delaying sales or distributions without explanation
  • Providing vague or no financial records

If you’re experiencing any of these issues, The Grossman Law Firm is ready to help. We can file a petition to compel the trustee to act, remove them if necessary, and protect your inheritance.

Frequently Asked Questions

Do I automatically receive a copy of the trust when the settlor passes away?

No. You have to request it in writing. If the trustee refuses or delays, you can petition the court.

How long does a trustee have to send me a copy of the trust?

60 days from receiving your written request.

What happens if the trustee refuses to communicate or share information?

You can file a petition asking the court to order the trustee to act or to remove them for breach of fiduciary duty.

Can I take legal action if the accounting looks suspicious?

Yes. You can file objections and request full documentation to support or disprove the trustee’s claims.

How can I enforce my rights?

With the help of a trust litigation attorney. The Grossman Law Firm can guide you through the process and take legal action if needed.

Learn More About Trust Litigation

Want to understand more about your rights and the litigation process? These resources can help:

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we specialize in trust litigation and represent beneficiaries throughout the state of California. If you’re not receiving the answers, documents, or distributions to which you’re entitled, we’re here to help.

We offer contingency fee arrangements in qualifying cases and will evaluate your situation at no cost.

Call us at (888) 443-6590 or fill out our Get Help Now form today.

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.