TrustTrustee Duties

Understanding the California Probate Code: Key Rights for Beneficiaries

By April 12, 2026April 28th, 2026No Comments
Understanding the California Probate Code: Key Sections for Beneficiaries

Table of Contents

Key Takeaways

  • The California Probate Code sets the rules for the administration of probate estates and trusts after a person passes away.
  • Beneficiaries and heirs have the right to obtain information, review accountings, and ask the court to review matters in certain situations.
  • Executors, administrators, and trustees have important duties to act in others’ best interests, and they can be held responsible if they fail to fulfill those duties.
  • Some deadlines are short, including deadlines tied to trustee notices and will contests.
  • If you think someone is hiding information, delaying payments, or misusing assets, you might need to take legal action through probate or trust litigation.

What Is the California Probate Code?

The California Probate Code is the set of laws that governs probate estates, trusts, fiduciary duties, beneficiary rights, and many inheritance disputes in California.
At The Grossman Law Firm, we often help beneficiaries who feel something is wrong but are not sure which laws apply to their situation. They might be waiting for an inheritance, requesting trust records, questioning an executor’s accounting, or seeking answers about a delayed probate case.
The Probate Code is important because it provides beneficiaries and heirs with a legal framework. It outlines asset transfers, defines authority, details fiduciary responsibilities, and specifies when court intervention is appropriate.
Attorney Scott Grossman handles probate and trust litigation matters throughout California. In many cases, understanding the Probate Code is the first step toward knowing whether a delay, refusal, or missing document is a legal problem.

Why the California Probate Code Matters to Beneficiaries

Beneficiaries do not manage the estate or trust directly. That responsibility usually belongs to a personal representative, executor, administrator, or trustee.
This arrangement can create practical challenges.
The person in control has access to the records, accounts, property, and decision-making power. The beneficiary often has to rely on that person for updates. When communication breaks down, records are incomplete, or distributions do not occur, the Probate Code gives beneficiaries a way to ask questions and, when needed, seek court intervention.
For example, California law requires a trustee to keep beneficiaries reasonably informed about the trust and its administration. A personal representative in a probate case may also be ordered to provide an accounting, and the court must order one in certain situations when an interested person petitions after more than one year has passed.
These rules matter because silence is often where disputes begin.

Key California Probate Code Sections Beneficiaries Should Know

Probate Code Sections 6400–6414: Intestate Succession

If someone dies without a valid will, California’s intestate succession laws determine who inherits. These rules generally prioritize close family members, such as a surviving spouse, children, parents, siblings, or more distant relatives, depending on who survived the decedent.
For heirs, these sections matter because they determine whether you have a legal interest in the estate when there is no will.

Probate Code Section 8800: Inventory and Appraisal

In a California probate case, the personal representative must file an inventory and appraisal of estate property with the court.
This filing informs beneficiaries about estate assets. Missing, undervalued, unreported, or inexplicably sold property may indicate significant issues.

Probate Code Section 10950: Court-Ordered Accountings

Beneficiaries and other interested persons may ask the probate court to order an accounting. Under Probate Code section 10950, the court may order an account at any time. In some situations, the court must order one if more than one year has passed since letters were issued or since the last account was filed.
This section is crucial if an executor or administrator fails to explain estate activity.

Probate Code Section 16060: Trustee’s Duty to Inform

A California trustee must keep beneficiaries reasonably informed about the trust and its administration.
Trustees cannot provide vague updates or avoid substantive questions. When beneficiaries inquire about trust assets, distributions, expenses, or administration, trustees must offer meaningful information.

Probate Code Section 16061.7: Trustee Notice

When certain triggering events occur, such as a revocable trust becoming irrevocable after the settlor’s death, the trustee must serve a statutory notice. This notice can trigger important deadlines, including those for contesting the trust.
Beneficiaries should treat this notice as a priority. Delays may impact your rights.

Probate Code Section 16062: Trustee Accountings

Trustees are often required to provide accountings to beneficiaries at least annually, upon a change of trustee, and at trust termination, unless an exception applies. These accounting rules are essential for beneficiaries concerned about missing funds, improper transfers, or delays.

Probate Code Sections 8250 and 8270: Will Contests

If someone believes a will is invalid, California law provides procedures for contesting it. A will contest may involve claims of undue influence, lack of capacity, fraud, or improper execution. Probate Code section 8250 addresses contests before admission of the will, while Probate Code section 8270 addresses contests after a will has been admitted to probate.
These deadlines and procedures are strict. Beneficiaries should act promptly if they believe a will does not reflect the decedent’s true intent.

When Probate Code Violations Become Litigation Issues

Not every delay leads to a lawsuit. Some estates and trusts just take time to handle, especially if property needs to be sold, debts must be paid, there are tax issues, or assets are hard to value.
However, beneficiaries should watch out for these warning signs:
  • The trustee or executor refuses to communicate.
  • No accounting is provided.
  • Assets appear to be missing.
  • A family member is using estate or trust property without explanation.
  • Distributions are delayed without a valid reason.
  • The fiduciary gives vague answers or changes the story.
  • Records do not match what the beneficiaries were told.
In these cases, you may need to take legal action to get an accounting, recover assets, remove the person in charge, or ask for compensation for losses caused by wrongdoing.
The Grossman Law Firm helps beneficiaries and heirs decide if taking legal action is the right step.

FAQ

What rights do beneficiaries have under the California Probate Code?

Beneficiaries may have the right to receive information, request accountings, review certain filings, object to improper conduct, and ask the probate court to intervene when a fiduciary fails to follow the law.

Can a beneficiary force a trustee to provide information?

In many cases, yes. California trustees have a duty to keep beneficiaries reasonably informed about the trust and its administration. If a trustee refuses, a beneficiary may need to file a probate court petition.

What if I think the executor or trustee is mishandling assets?

You should collect documents, emails or letters, court papers, accountings, and any proof of missing assets or improper actions. A probate or trust litigation attorney can help you decide if you should go to court.

How The Grossman Law Firm Can Help

If you are a beneficiary or heir and think an executor, administrator, or trustee is not following the California Probate Code, you should take action as soon as possible.
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 review your case for free. If your case qualifies, you will get a free phone consultation with Attorney Scott Grossman.
Originally Published: Apr 17, 2025