TrustTrust LitigationTrustee Duties

What Power Does a Trustee Have in California?

By January 29, 2026No Comments
trustee authority

Table of Contents

Key Takeaways

  • A California trustee has the authority to manage and distribute trust assets.
  • The trustee’s power comes from the trust document, the Probate Code, and court orders.
  • All trustee power is restrained by fiduciary duties owed to beneficiaries.
  • Trustees who exceed their authority may face court supervision, surcharge, or removal.
  • Beneficiaries have enforceable rights when a trustee abuses or misuses power.

What Power Does a Trustee Have?

Under California law, a trustee has the legal authority to administer a trust, manage trust assets, and make distributions in accordance with the trust’s terms. That authority exists to help beneficiaries. It does not exist to give the trustee personal discretion without accountability.
Importantly, a trustee’s power is functional, not personal. It exists only to fulfill the trust’s purpose and must always be exercised in the beneficiaries’ best interests.
At The Grossman Law Firm, we have been assisting clients across California for more than 25 years, helping them secure their inheritance.

Where Trustee Authority Comes From

A trustee’s authority typically comes from three sources:
  • The trust document
  • The California Probate Code
  • Probate court orders
If the trust does not authorize a specific action, the trustee must look to the Probate Code or the court before proceeding.

Trustee authority is never unlimited

Under California law, trustees may not:
  • Act for personal gain.
  • Engage in self-dealing or conflicts of interest.
  • Favor one beneficiary unfairly over another.
  • Ignore required disclosures or accountings.
  • Delay distributions without a valid legal basis.
  • Deviate from the trust’s written terms.
Every trustee decision is measured against fiduciary duties, not intent. Even well-meaning conduct can violate the law if it harms beneficiaries or trust assets.

Trustee authority crosses into misconduct when it is used to harm beneficiaries or damage the trust.

Common Warning Signs of Abuse or Misuse

Beneficiaries should be alert to red flags such as:

  • Commingling personal and trust assets
  • Missing or incomplete financial records
  • Unexplained delays in distributions
  • Lack of transparency with beneficiaries
  • Decisions that personally benefit the trustee

How California Courts Can Respond

When this happens, beneficiaries do not have to wait. California probate courts have the power to step in, force action, order repayment, reduce trustee fees, or remove a trustee who has crossed the line.
If you feel unsure about your next step, speaking with an experienced trust and probate attorney can provide clarity. TGLF specializes in these types of trust disputes and helps beneficiaries understand their options. Trust and probate litigation can be difficult, but you do not have to face it alone.

FAQ

Does a trustee have unlimited power?
No, a trustee in California does not have unlimited power. They must follow the trust’s terms and the Probate Code.
What Can Beneficiaries Do When a Trustee Abuses Their Power?
The court may find the trustee liable. This means they are subject to financial penalties, repayment, suspension, or removal.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, Attorney Scott Grossman has been assisting clients exclusively through probate and trust litigation for over twenty-five years. We help beneficiaries across California assess whether a trustee has overstepped their authority, failed to act, or breached fiduciary duties, and take prompt legal action when necessary.
Call (888) 443-6590 or fill out our Get Help Now form to protect your rights.
Our Intake Specialists can evaluate your case at no cost to you. Qualifying matters are scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: March 25, 2024