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By: Scott Grossman on August 5th, 2016

Trust Contest in California: How to Start

Trust Contest in California is started by filing a petition in the probate court. Trust contest petitions must state how the petitioner (person filing the petition) would or should get more upon winning the case. Facts supporting that you are in both the correct probate court (also called venue) and your claim must be shown. The petition is not a form document or judicial council form that is filled in and filed with the court. The petition must state the facts supporting your case showing why the trust should be set aside.

The petition must state the reasons the trust should be set aside. For example, if you believe the trust was created at a time the settlor was mentally incompetent then the petition has to state that as a fact. If you don’t know for a fact the settlor was incompetent then you can claim “information and belief.”

Certain allegations, such as fraud, must be pleaded with specificity. This means your petition has to state the underlying facts supporting your fraud claim.  You must state enough facts to show there is some proof of each element of the fraud claim.

Whatever the reason for challenging the trust you must file your petition in a timely way. If the trustee has sent you the statutorily required notice then you only have 120 days from the time you receive the notice to file your case.  If the trustee has failed to provide you with this notice then you may have up to four years to file your lawsuit.

Once your trust contest in California has been filed you will have to serve your petition on the trustee, the trust beneficiaries, and anyone else whose interest in the trust may be affected by your lawsuit. Some people can be served by mail and some will require personal service. Service of the parties or potential parties is usually a task performed by your attorney.


If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.