TrustTrust LitigationTrustee Duties

Understanding the Duty of Disclosure and Transparency

By September 11, 2026No Comments
Understanding the Duty of Disclosure and Transparency
If you are a trust beneficiary, you expect the trustee to keep you informed. But what happens when you ask questions and cannot get a clear answer?
Maybe you do not know what assets are in the trust. You may have heard that the trustee sold a property but have no idea what happened to the proceeds. Or months may have passed without an explanation of when you will receive your inheritance.
When a trustee will not provide a beneficiary with information, it can be hard to tell whether the trust administration is simply taking time or there is a more serious problem.
California trustees are legally required to keep certain beneficiaries reasonably informed about the trust and how it is managed; if a trustee regularly refuses to provide information, ignores requests, or fails to supply a required accounting, the beneficiaries can ask the probate court for intervention.
Scott Grossman, who founded The Grossman Law Firm, represents beneficiaries across California in legal cases involving trustees who may have violated their fiduciary duties.

Table of Contents

Key Takeaways

  • The trustees of California have an obligation to keep the beneficiaries reasonably informed about the trust and its administration.
  • A beneficiary may be entitled to request information about trust administration that is relevant to their interest.
  • Certain beneficiaries may be entitled to receive trust accountings.
  • A trustee who repeatedly refuses to provide the required information may be violating their fiduciary duties.
  • People who stand to benefit might be able to ask the probate court to compel the trustee to provide information, submit an account of the trust assets, or address any other breaches of trust.

What Information Does a Trustee Have to Give Beneficiaries in California?

California Probate Code § 16060 requires a trustee to keep beneficiaries reasonably informed about the trust and its administration.
California Probate Code § 16061 also generally requires a trustee, upon a beneficiary’s reasonable request, to provide requested information relating to the administration of the trust that is relevant to the beneficiary’s interest.

What Information Can a Beneficiary Request?

What information you are entitled to receive can depend on your interest in the trust and the circumstances of the administration. However, a trustee generally cannot keep beneficiaries completely in the dark about matters that affect their interests.
For example, beneficiaries may have questions about trust assets, significant transactions, expenses, distributions, or other decisions affecting their inheritance.

Can I Get a Copy of the Trust?

In many cases, yes.
California Probate Code section 16060.7 generally requires a trustee to provide a beneficiary with the terms of the trust upon reasonable request.
It is important to review the trust because it states who the beneficiaries are, what they are entitled to receive, and the instructions the trustee must follow.
The fact that you have been told you are a beneficiary but the trustee refuses to make the trust terms available could be a reason to consult a trust litigation attorney in California regarding your rights.

Am I Entitled to a Trust Accounting?

Not every beneficiary has the same right to receive an accounting.
The California Probate Code section 16062 generally requires trustees to give accountings at least once a year, when the trust terminates, and whenever there is a change of
trustee or a change in the beneficiaries to whom income or principal is required or authorized to be paid. There are, however, exceptions to these requirements.

What Can a Trust Accounting Show?

A trust accounting can provide important information about how the trustee has managed trust property. Depending on the circumstances, it may show assets, receipts, disbursements, distributions, trustee compensation, and other transactions involving the trust.
If you think that you have a right to an accounting and the trustee is refusing to give it to you, then you might be able to take legal action.

What If the Trustee Ignores My Requests for Information?

The fact that a response is delayed does not, in itself, indicate that a trustee has failed in their fiduciary duties, since trust administration can be a time-consuming process and trustees might need to collect records or seek professional help before they can answer particular questions.

When Does a Lack of Communication Become a Warning Sign?

Repeated refusals to provide required information are different.
Potential warning signs may include:
  • Ignoring reasonable written requests for information
  • Refusing to provide trust terms when required
  • Providing incomplete or inconsistent information
  • Failing to explain significant trust transactions
  • Refusing to provide an accounting when one is required
  • Keeping beneficiaries uninformed while distributions remain delayed
  • Refusing to explain what happened to trust property
When transparency is absent, it is particularly worrying if it is accompanied by missing assets, unexplained expenses, odd transfers, self-dealing, or if there are long delays in the payment of an inheritance.

Can I Force a Trustee to Provide Information or an Accounting?

When Can a Beneficiary Ask the Probate Court to Intervene?

Depending on the circumstances, a beneficiary may be able to ask the probate court to intervene.
California Probate Code § 17200 allows a beneficiary to petition the court concerning the internal affairs of a trust. This can include proceedings involving a trustee’s duties and certain requests involving trust accountings or information.
The appropriate remedy depends on what the trustee has done and what information the beneficiary is legally entitled to receive.
In some cases, the court may order a trustee to provide information or perform another required duty. If the lack of information reveals a larger breach of trust, additional remedies may be available.

Can a Trustee Be Removed for Refusing to Communicate?

Poor communication alone does not automatically justify removing a trustee.

When Can Poor Communication Point to a Larger Breach?

However, repeatedly refusing to provide information may be part of a larger pattern of misconduct.

California Probate Code § 15642 allows a court to remove a trustee for several reasons, including a breach of trust or a failure or refusal to act.

The court will consider the specific facts of the case. If the trustee’s lack of transparency is connected to mismanagement, self-dealing, missing assets, improper distributions, or another breach of fiduciary duty, beneficiaries may have stronger grounds to ask the court to intervene.

When Should I Talk to a Trust Litigation Attorney?

It is not necessary for you to contact an attorney each time a trustee takes longer than expected to respond.
However, it may be time to seek legal advice if you have repeatedly asked questions or requested information and still cannot determine what is happening with the trust or your inheritance.
Consider seeking legal advice sooner if you believe the trustee is withholding information to hide a larger problem.
Attorney Scott Grossman is a  California litigation attorney, specializing in disputes over trustee conduct, accountings, distributions, trust property, and alleged breaches of fiduciary duty.
The Grossman Law Firm can review the trust, accountings, financial records, and your communications with the trustee. We can then evaluate whether the trustee may have breached their duties and what options may be available.

FAQ

How long can a trustee go without communicating with beneficiaries?

California law does not establish one universal deadline for responding to every beneficiary question. However, trustees must keep beneficiaries reasonably informed. As a result, they must provide certain information upon a reasonable request. Whether a delay violates the trustee’s duties depends on the circumstances.

Does a trustee have to show beneficiaries bank statements?

Not necessarily in every situation. A beneficiary’s right to particular financial records depends on the beneficiary’s interest, the information requested, and the circumstances. However, beneficiaries may have rights to information about trust administration and, in certain situations, a formal accounting.

Can I demand an accounting from a trustee?

Certain beneficiaries are entitled to accountings under California Probate Code § 16062, subject to statutory exceptions. Whether you have a right to an accounting depends on your interest in the trust and the circumstances.

What can I do if a trustee ignores my requests?

Consider making your request in writing and keeping copies of your communications. If the trustee continues to ignore your requests or refuses to provide information you may be entitled to receive, it may be time to get legal help.
At The Grossman Law Firm, Attorney Scott Grossman can evaluate the trustee’s conduct and help determine what options may be available to protect your rights as a beneficiary.

Related Resources

Learn More About Your Rights as a Trust Beneficiary

How The Grossman Law Firm Can Help

If a trustee refuses to provide information about your inheritance, you do not necessarily have to continue waiting for answers.
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 complete our Get Help Now form to discuss your situation with our Intake Specialists.
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: February 11, 2025