Trust Contest in California: How to Start

Key Takeaways
What Is a Trust Contest in California?
How to File a Petition to Contest a Trust
What Your Petition Must Include
Common Legal Grounds for Challenging a Trust
Filing Deadlines for a Trust Contest
Serving the Petition on Interested Parties
How The Grossman Law Firm Can Help
Related Resources
FAQ

Key Takeaways

A trust contest in California is started by filing a petition in probate court.
The petition must clearly explain why the trust should be set aside and include supporting facts.
If you received a Notice by Trustee, you generally have 120 days to file your petition.
If you were not given proper notice, you may have up to four years to bring your claim.
Fraud or undue influence claims must be pleaded with specificity under California law.

What Is a Trust Contest in California?

A trust contest is a formal lawsuit filed in the probate division of the California Superior Court that challenges the validity of a trust or certain trust provisions. Beneficiaries or heirs may contest a trust if they believe it was created under improper circumstances, such as mental incapacity, fraud, or undue influence.

At The Grossman Law Firm, we assist beneficiaries and heirs throughout California in filing trust contests when they suspect that a trustee or another party has violated their rights or the decedent’s true intentions.

How to File a Petition to Contest a Trust

To begin a trust contest, the petitioner must file a petition with the probate court in the county where the trust is administered.

It is not a pre-printed Judicial Council form; it is a custom petition drafted specifically for your case. The document must explain:

Explain how you have standing — describe how you would benefit if the court sets aside the trust or certain provisions.
Show why the probate court has jurisdiction — demonstrate that the trust or the decedent has a connection to that county.

A properly prepared petition demonstrates both the factual and legal basis for challenging the trust.

What Your Petition Must Include

You must clearly state in your petition why the court should invalidate the trust. For example:

If you believe the settlor lacked mental capacity, your petition should include facts showing the settlor was not of sound mind when signing the trust.
If you’re alleging fraud or undue influence, California law requires that you plead specific facts, not just general statements.

Even if you don’t have firsthand knowledge, you may allege facts “on information and belief” if you have reasonable grounds for doing so.

Common Legal Grounds for Challenging a Trust

Some of the most common legal reasons for a trust contest in California include:

Lack of capacity: The trust maker did not understand what they were signing.
Undue influence: Someone pressured or manipulated the settlor into changing the trust.
Fraud: Someone deceives or misleads the settlor about the nature of the document they are signing.
Forgery: The trust document or signature is not genuine.
Improper execution: The settlor or witnesses failed to follow California’s legal formalities when signing the trust.

For a deeper look at trustee misconduct, see our guide: 20 Ways Your Trustee Can Be Breaching Their Fiduciary Duties.

Filing Deadlines for a Trust Contest

California imposes strict deadlines.

If the trustee has served a Notice by Trustee under the California Probate Code, you generally have 120 days from the date you receive the notice to file your petition.
If the trustee does not provide notice, you may have up to four years from the settlor’s date of death to file your claim.

Missing these deadlines can permanently bar your right to contest the trust.

Serving the Petition on Interested Parties

Once filed, the petition must be served on all interested parties, including:

The trustee,
All trust beneficiaries, and
Anyone whose outcome the case may affect.

Some parties can be served by mail, while others must be served personally. An experienced probate litigation attorney will ensure that the service complies with California court requirements to avoid procedural delays.

How The Grossman Law Firm Can Help

Challenging a trust is complex and time-sensitive. Your attorney must draft the petition carefully to comply with all procedural and evidentiary standards.

At The Grossman Law Firm, Attorney Scott Grossman has over two decades of experience handling trust contests across California. TGLF can evaluate your case, prepare your petition, and represent you in court to protect your inheritance rights.

At The Grossman Law Firm, we assist beneficiaries and heirs throughout California in enforcing 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 to assess your situation at no cost to you. If your case qualifies, we’ll schedule a Free Phone Consultation with Attorney Scott Grossman to discuss your next steps.

Related Resources

FAQ

How long do I have to contest a trust in California?

Usually, you have 120 days from the date you receive a Notice by Trustee under Probate Code §16061.7. If no notice was provided, the deadline may extend up to four years from the settlor’s death.

Can I file a trust contest without an attorney?

Technically, yes, but it’s not advisable. Trust contests involve complex procedural rules, and errors in drafting or service can result in your case being dismissed.

What happens if my trust contest succeeds?

If the court sets aside the trust or specific provisions, assets may be redistributed according to prior valid documents or California’s intestate succession laws.

Originally Published August 5, 2016