Table of Contents
Key Takeaways
What Happens During a California Trust and Estate Lawsuit
Overview of the Trust and Estate Litigation Timeline
- Stage 1: Investigation and Case Evaluation
- Stage 2: Pleadings
- Stage 3: Discovery
- Stage 4: Mediation
- Stage 5: Expert Discovery
- Stage 6: Trial Preparation
- Stage 7: Trial
- Stage 8: Appeal
Related Resources
FAQ
How The Grossman Law Firm Can Help
Key Takeaways
- Trust and estate lawsuits follow a predictable timeline governed by the California Probate Code and local court rules.
- Early investigation helps determine the strength of your claims and defenses.
- Discovery is often the most extended phase and shapes the likelihood of settlement or trial.
- Most California judges require mediation before trial.
- If a trial is necessary, the court may issue a decision up to 90 days after the final hearing day.
- Appeals must be filed quickly and only apply in specific statutory circumstances.
What Happens During a California Trust and Estate Lawsuit
When a California trust or estate dispute escalates, the litigation process can feel long, complex, and overwhelming. At The Grossman Law Firm, we help beneficiaries and heirs understand what to expect at each stage so they can make informed decisions about protecting their rights. Below is a clear, California-specific timeline of how trust and estate litigation typically proceeds.
Overview of the Trust and Estate Litigation Timeline
While each case has unique facts, trust and estate lawsuits generally follow eight core stages: investigation, pleadings, discovery, mediation, expert discovery, trial preparation, trial, and, if necessary, an appeal. Understanding this sequence helps you anticipate what comes next and why each step matters.
Stage 1: Investigation and Case Evaluation
Before filing anything in court, your legal team conducts a detailed review of the facts and documents involved in your dispute. It often includes:
- Reviewing trust documents, amendments, and estate files
- Analyzing financial records
- Speaking with witnesses
- Identifying potential claims such as breach of fiduciary duty, undue influence, or elder abuse
This stage allows Attorney Scott Grossman and his team to determine the strengths and weaknesses of your case and assess the best legal strategy.
Stage 2: Pleadings
The lawsuit formally begins when a plaintiff or petitioner files a petition or complaint in probate court. Common causes of action in trust and estate litigation include:
- Breach of fiduciary duty
- Fraud or misrepresentation
- Undue influence
- Lack of capacity
- Accounting disputes
The opposing party then files a response. Pleadings define the legal issues the court will decide.
Stage 3: Discovery
Discovery is often the most time-intensive stage. Each side exchanges the evidence they will rely on at trial. Discovery tools typically include:
- Interrogatories (written questions)
- Requests for production of documents
- Subpoenas
- Depositions
- Requests for admission
Discovery provides a clearer picture of the case’s strengths and weaknesses, which often influences mediation or settlement discussions.
Stage 4: Mediation
California probate courts regularly require mediation before a case goes to trial. Mediation allows the parties to attempt to reach a settlement with the help of a neutral mediator.
Most trust and estate lawsuits settle at this stage because of mediation:
- Saves time and expense
- Reduces risk
- Provides more control over the outcome
If mediation is unsuccessful, the case proceeds toward trial.
Stage 5: Expert Discovery
Some cases require expert testimony to explain issues beyond the knowledge of an average person—for example:
- Forensic accountants
- Medical experts
- Handwriting experts
- Valuation professionals
Under California rules, general discovery typically closes 30 days before trial, while expert discovery continues until 15 days before trial.
Stage 6: Trial Preparation
As the trial approaches, your attorney organizes the evidence and prepares a cohesive narrative that supports your claims. This stage often includes:
- Identifying and preparing all witnesses
- Organizing documents, deposition transcripts, and financial records
- Issuing subpoenas
- Drafting trial briefs and evidentiary motions
The goal is to ensure the court receives a clear, persuasive presentation of the facts.
Stage 7: Trial
If the case does not settle, it proceeds to trial before a judge or, in some limited cases, a jury. Trial length varies significantly—from several days to several months—depending on complexity.
California judges have up to 90 days after the last hearing day to issue a written ruling.
Stage 8: Appeal
If you receive an unfavorable judgment, you may be able to appeal. California law allows appeals only in specific circumstances, such as:
- Final orders on trust petitions
- Removal or surcharge orders
- Court rulings that affect a party’s substantial rights
Appeals have strict deadlines, usually within 60 days of notice of entry of judgment or within 180 days of entry if no notice is served. Acting quickly is essential.
Related Resources
- Overview of California Trust Litigation
- Can a Trustee Be Removed for Mishandling Assets?
- Beneficiary Rights in California
- 20 Ways Your Trustee Can Be Breaching Their Fiduciary Duties
- Can’t Afford a Probate or Trust Attorney?
FAQ
How long does trust and estate litigation take?
Most cases take 12–24 months, depending on discovery disputes, mediation, and court calendar availability.
Is mediation required in California trust litigation?
In most counties, yes. Judges regularly order mediation before trial.
What happens if my trustee breached their fiduciary duties?
You may be entitled to remedies such as removal, surcharge, or compelling an accounting. See: 20 Ways Your Trustee Can Be Breaching Their Fiduciary Duties.
Can I appeal if I lose at trial?
Often, yes, but only if your issue is one the Probate Code allows you to appeal. Deadlines are strict so that a delay can forfeit your rights.
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 at no cost to you. Qualifying matters will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published Apr 25, 2024