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Who Is Entitled to a Copy of a Trust in California?

By December 31, 2025No Comments
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Table of Contents

Key Takeaways

  • In California, beneficiaries and certain heirs are generally entitled to a copy of a trust once their rights have vested.
  • Trustees must keep beneficiaries reasonably informed and comply with strict fiduciary duties.
  • A refusal to provide trust information may violate California law.
  • Trustees who breach their duties may face personal liability or removal.
  • Beneficiaries have legal options when trustees fail to meet their obligations.

Who Is Entitled to a Copy of a California Trust?

Understanding who is entitled to receive a copy of a trust is essential for both trustees and beneficiaries. In California, the right to receive a copy of the trust generally depends on whether the beneficiary’s interest has vested.
In most cases, a trust becomes irrevocable upon the death of the trust creator. Once that happens, beneficiaries gain a vested interest in the trust property. At that point, California law requires the trustee to keep beneficiaries reasonably informed, which typically includes providing a copy of the trust instrument upon request.
Before a trust becomes irrevocable, beneficiaries usually do not have the right to review the trust, because the trust creator may amend or revoke it at any time.

Trustee Obligations to Beneficiaries Under California Law

Trustees play a central role in trust administration. They are legally responsible for managing the trust assets and administering the trust in accordance with its terms and California law.

Core trustee obligations include:

  • Managing trust assets prudently
  • Keeping beneficiaries reasonably informed
  • Maintaining accurate records and accountings
  • Filing required tax returns
  • Making distributions as required by the trust
  • Acting impartially among beneficiaries
These obligations exist to protect beneficiaries and ensure transparency throughout the administration process.

Trustee Duties and Fiduciary Responsibilities

In addition to administrative responsibilities, trustees owe fiduciary duties to beneficiaries. These duties govern how trustees must act in their roles.
Key fiduciary duties include:
  • Duty of Loyalty – Acting solely in the best interests of the beneficiaries and avoiding conflicts of interest
  • Duty of Care – Exercising reasonable skill, care, and prudence
  • Duty to Follow the Trust – Administering the trust according to its terms
  • Duty to Preserve Trust Assets – Taking reasonable steps to protect trust property from loss or waste
Failure to meet these duties may expose the trustee to legal consequences.

Consequences of Breaching a Fiduciary Duty

When a trustee breaches their fiduciary obligations, beneficiaries may seek court intervention. Potential consequences include:
  • Personal liability for financial losses
  • Court-ordered surcharge
  • Removal and replacement of the trustee
  • Recovery of attorney fees and costs
Common breaches include self-dealing, negligence, imprudent investments, failure to distribute trust assets, and refusal to provide trust information.

When Trustee Misconduct Signals Broader Problems

In many cases, withholding a copy of the trust is not an isolated issue, but part of a broader pattern of fiduciary misconduct.
If you suspect your trustee isn’t acting in your best interest, don’t wait. Explore 20 Ways Your Trustee May Be Breaching Their Fiduciary Duties to learn the most common warning signs and what you can do about them.

Related Trust Litigation Resources

These articles can help you identify warning signs and decide whether legal action may be appropriate.

FAQ

Are beneficiaries always entitled to a copy of the trust?
Generally, beneficiaries are entitled to a copy once their rights have vested and the trust becomes irrevocable.
Can a trustee refuse to provide the trust document?
A refusal after rights have vested may violate California law and justify court involvement.
What should I do if my trustee is not meeting their obligations?
Early legal review can help protect your rights and prevent further harm to the trust.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation. Attorney Scott Grossman focuses exclusively on disputes involving trustee misconduct, including refusals to provide trust documents, mismanagement of trust assets, and breaches of fiduciary duty.
Call (888) 443-6590 or fill out our Get Help Now form. 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 May 15, 2024