Probate

Missed Deadlines Can Significantly Impact Trust And Estate Lawsuits

By February 17, 2026No Comments
Missed deadlines

Table of Contents

Key Takeaways

  • Under California law, trust and estate matters are governed by strict deadlines.
  • As a result, missing certain deadlines can trigger court intervention or litigation.
  • Some missed deadlines cause delay; others can permanently limit legal rights.

Why Deadlines Matter in Trust and Estate Litigation

In California trust and estate administration, deadlines are not suggestions. Instead, they function as enforceable legal requirements. The California Probate Code, federal tax law, and court rules set these deadlines.
When parties miss those deadlines, disputes often follow.
In practice, at The Grossman Law Firm, we frequently see trust and probate litigation arise because someone failed to act within the required timeframe. Sometimes the delay is accidental. Other times, it reflects inattention or conflict. Either way, the legal consequences can be significant.
Understanding how missed deadlines impact the estate and responding promptly can prevent avoidable court battles.

Common Probate and Trust Deadlines That Trigger Lawsuits

Several routine obligations carry legally mandated time limits, also known as statutory time limits. When these are ignored, beneficiaries or other interested parties may seek court intervention.

Key Probate Code Deadlines to Monitor

  • Filing a will with the probate court after a decedent’s death (Probate Code § 8200 requires delivery within 30 days).
  • Serving notice to beneficiaries and heirs after a trust becomes irrevocable (Probate Code § 16061.7).
  • Responding to creditor claims in a probate estate within statutory periods.
  • Objecting to the appointment of a personal representative.
  • Filing required accountings for a trust or estate (Probate Code §§ 16062).
  • Filing a will contest or trust contest within applicable limitations periods.
  • Submitting required estate or trust tax returns.
Each of these action items carries its own timeline. Missing one can shift leverage, increase liability, or limit available remedies.
For more information on your specific case, contact an experienced trust and probate litigation attorney today.

What Happens When a Deadline Is Missed

What Happens When a Deadline Is Missed

Minor Delays vs. Permanent Consequences

The impact depends on which deadline was overlooked.
In some situations, the immediate consequence may be modest. For example, a short delay in filing a will may not automatically invalidate it. However, continued refusal to lodge the will can prompt a petition compelling compliance.
In other cases, the result can be far more serious.

When Rights Are Permanently Lost

Failing to timely respond to a creditor’s claim may expose the estate to liability that could have been disputed. Missing a filing deadline for a trust or will contest can permanently bar the claim. Delays in providing required accounting can lead to petitions to compel reporting or even to the removal of a fiduciary.
The key point is that during trust and estate matters, time is everything. It can even affect your rights.
If a deadline is missed, beneficiaries may lose the ability to challenge misconduct. Trustees may face allegations of breach of fiduciary duty. Personal representatives may become the subject of objections or surcharge claims.
Meeting these deadlines often prevents escalation. If you have already missed a deadline, it is best to act fast. Contact The Grossman Law Firm today to find out your next steps.

FAQ

Is there a deadline to file a will in California?

Under CA law, the custodian, person in possession of a will, must deliver it to the executor or clerk within 30 days of learning of the decedent’s death.

How long do beneficiaries have to contest a trust?

If the trustee properly served notice under Probate Code § 16061.7. In many cases, beneficiaries have 120 days from receipt of the statutory notice to file a contest.

Can a missed deadline ever be forgiven?

Sometimes courts have limited discretion, but many statutory deadlines are strictly enforced. Delaying seeking advice can significantly affect your options.

How The Grossman Law Firm Can Help

Missed deadlines often sit at the center of trust and probate litigation. Whether you are a beneficiary concerned about lost rights or a trustee facing allegations tied to timing issues, early legal guidance matters.
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 cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published March 7, 2018