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By: Scott Grossman on December 3rd, 2019

What happens after you ask for a trust copy and you don’t receive it?

You want a copy of the trust. We’ve made a written demand, 60 days have gone by we still have not received a copy of the trust. So now you’re asking what comes next?

What comes next is if we’ve gotten to day 61 without a copy of the trust we’re going to file a petition with the probate court to get an order from the court making the trustee produce a copy of the trust. It’s that straightforward, we’ll draft the petition send it off to you for your review you’ll sign it, and send it back to us and file it with the probate court. The clerk at the probate court will set the first hearing date and there’ll be a hearing on the petition and we’ll give notice to everybody who’s entitled to receive notice. When exactly that first hearing date will be is going to depend upon which court this has been filed with. The courts all over California have very different time frames for when they set a first hearing date. Some are pretty quick meaning we’ll get that hearing date in six or maybe seven weeks from the date of filing. Others are quite slow and it may be three or even four months before we have our first hearing date. We have no control over that that is entirely up to the clerk’s office at the particular probate court.

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.

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