Cal. Codes » Probate Code / DIVISION 9. TRUST LAW / PART 4. TRUST ADMINISTRATION / CHAPTER 1. Duties of Trustees / ARTICLE 3. Trustee’s Duty to Report Information and Account to Beneficiaries
California Codes

Cal. Probate Code § 16061.7 (2026)

Trustee’s Duty to Report Information and Account to Beneficiaries

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(a)A trustee shall serve a notification by the trustee as described in this section in the following events:

(1)When a revocable trust or any portion thereof becomes irrevocable because of the death of one or more of the settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust.

(2)Whenever there is a change of trustee of an irrevocable trust.

(3)Whenever a power of appointment retained by a settlor is effective or lapses upon death of the settlor with respect to an inter vivos trust which was, or was purported to be, irrevocable upon its creation. This paragraph shall not apply to a charitable remainder trust. For purposes of this paragraph, “charitable remainder trust” means a charitable remainder annuity trust or charitable remainder unitrust as defined in Section 664(d) of the Internal Revenue Code.

(4)The duty to serve the notification by the trustee pursuant to this subdivision is the duty of the continuing or successor trustee, and any one cotrustee may serve the notification.

(b)The notification by the trustee required by subdivision (a) shall be served on each of the following:

(1)Each beneficiary of the irrevocable trust or irrevocable portion of the trust, subject to the limitations of Section 15804.

(2)Each heir of the deceased settlor, if the event that requires notification is the death of a settlor or irrevocability within one year of the death of the settlor of the trust by the express terms of the trust because of a contingency related to the death of a settlor.

(3)If the trust is a charitable trust subject to the supervision of the Attorney General, to the Attorney General.

(c)A trustee shall, for purposes of this section, rely upon any final judicial determination of heirship, known to the trustee, but the trustee shall have discretion to make a good faith determination by any reasonable means of the heirs of a deceased settlor in the absence of a final judicial determination of heirship known to the trustee.

(d)The trustee need not provide a copy of the notification by trustee to any beneficiary or heir (1) known to the trustee but who cannot be located by the trustee after reasonable diligence or (2) unknown to the trustee.

(e)The notification by trustee shall be served by any of the methods described in Section 1215 to the last known address.

(f)The notification by trustee shall be served not later than 60 days following the occurrence of the event requiring service of the notification by trustee, or 60 days after the trustee became aware of the existence of a person entitled to receive notification by trustee, if that person was not known to the trustee on the occurrence of the event requiring service of the notification. If there is a vacancy in the office of the trustee on the date of the occurrence of the event requiring service of the notification by trustee, or if that event causes a vacancy, then the 60-day period for service of the notification by trustee commences on the date the new trustee commences to serve as trustee.

(g)The notification by trustee shall contain the following information:

(1)The identity of the settlor or settlors of the trust and the date of execution of the trust instrument.

(2)The name, address, and telephone number of each trustee of the trust.

(3)The address of the physical location where the principal place of administration of the trust is located, pursuant to Section 17002.

(4)Any additional information that may be expressly required by the terms of the trust instrument.

(5)A notification that the recipient is entitled, upon reasonable request to the trustee, to receive from the trustee a true and complete copy of the terms of the trust.

(h)If the notification by the trustee is served because a revocable trust or any portion of it has become irrevocable because of the death of one or more settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust, the notification by the trustee shall also include a warning, set out in a separate paragraph in not less than 10-point boldface type, or a reasonable equivalent thereof, that states as follows:

“You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you or 60 days from the date on which a copy of the terms of the trust is delivered to you during that 120-day period, whichever is later.”

(i)Any waiver by a settlor of the requirement of serving the notification by trustee required by this section is against public policy and shall be void.

(j)A trustee may serve a notification by trustee in the form required by this section on any person in addition to those on whom the notification by trustee is required to be served. A trustee is not liable to any person for serving or for not serving the notice on any person in addition to those on whom the notice is required to be served. A trustee is not required to serve a notification by trustee if the event that otherwise requires service of the notification by trustee occurs before January 1, 1998.

Notes of Decisions
Cited in 17 cases (9 in the last 5 years), 2003–2025 · leading case: Babbitt v. Superior Court of Los Angeles Cnty., 246 Cal. App. 4th 1135 (Cal. Ct. App. 2016).
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Babbitt v. Superior Court of Los Angeles Cnty., 246 Cal. App. 4th 1135 (Cal. Ct. App. 2016). “2 Probate Code section 16061.7 requires that, when a revocable trust becomes irrevocable, the trustee must so notify the beneficiaries within 60 days of the event that caused the revocable trust to become irrevocable, which in this case was the death of Leland.”
Phillips v. Scott, 446 F. Supp. 2d 70 (D. Conn. 2006). · cites it 2× “Defendant also contends that plaintiffs claim is untimely under the California Probate Code § 16061.7 which requires that heirs and beneficiaries of a trust settlor whose trust became irrevocable upon death, be given notice of the fact and be warned explicitly that they have one…”
Bridgeman v. Allen, 219 Cal. App. 4th 288 (Cal. Ct. App. 2013). “A trustee must provide notice when all or part of a revocable trust becomes irrevocable because of the death of a settlor (Prob. Code, § 16061.7, subd. (a)) and any action contesting the trust cannot be filed “more than 120 days from the date the notification by the trustee is…”
GERMINO v. Hillyer, 107 Cal. App. 4th 951 (Cal. Ct. App. 2003). “The Notice Served in This Case The notice served by respondents in the present case on July 16, 1999, states that the trustees are providing the notice “as required by California Probate Code Section 16061.7.” The notice identifies the trust, the trustees, and the place ■ of…”
In re Elijah & Mary Stiny Trusts, No. 3:19-cv-00346 (E.D. Ark. June 16, 2022). · cites it 6× “CAL. PROB. CODE § 16061.8. The movants rely on the notices sent in 2011 after Mr.”
In re Elijah & Mary Stiny Trusts, No. 3:19-cv-00346 (E.D. Ark. June 10, 2022). · cites it 4× “CAL. PROB. CODE § 16061.8. The movants rely on the notices sent in 2011 after Mr.”
Bruno v. Hopkins, 79 Cal. App. 5th 801 (Cal. Ct. App. 2022). · cites it 2× “Mildred waited until 2015 to authorize Jane to prepare the notification required when a revocable trust becomes irrevocable by the death of one or more settlors of the trust under 5 Probate Code section 16061.7, subdivisions (a)(1), (b)(2), and (f).”
Nelson v. Huhn, No. B330596 (Cal. Ct. App. July 1, 2025). · cites it 2× “On April 7, 2021, Karen sent Eric a “NOTIFICATION BY TRUSTEE PURSUANT TO CALIFORNIA PROBATE CODE SECTION 16061.7.” In the notification, Karen specified both her address and the “address of the principal place of business of the administration of the trust” as “2011 Drummond…”
Matter of Kosmo Fam. Trust, 2024 NY Slip Op 24324 (N.Y. Surr. Ct., Albany Cty. 2024). · cites it 2× “Following decedent's December 2017 death, respondent engaged the services of Groh, and on January 9, 2018, respondent issued a notification by trustee to decedent's heirs under California Probate Code § 16061.7, which named her as trustee, and Groh as her counsel.”
Liebovich v. Tobin, No. B306184 (Cal. Ct. App. Aug. 26, 2021). “(g)(5)); the trustees in February 2014, in response to their request, sent the three eldest plaintiffs copies of the thirteenth and fourteenth amendments that explicitly referred to the 2013 Order. Yet none of the plaintiffs challenged the 2013 Order until 2018, after Shirley’s…”
Tabb v. Wood, No. B322931 (Cal. Ct. App. Dec. 14, 2023). “When a trust becomes irrevocable, Probate Code section 16061.7 requires the trustee to serve a notice advising, among other things, that any contest to the trust must be filed within 120 days.”
Vose v. Cadena, No. F084106 (Cal. Ct. App. Apr. 2, 2024). “(Prob. Code, § 16061.7, subd. (a).) Cadena attached to the notice, documents reflecting the terms of the trust, including Andrew’s unilateral amendments, and specified in the notice that she was the successor trustee of the trust.”
Show all 17 citing cases →
Cal. Probate Code § 16061.7(a): 3 cases
Phillips v. Scott, 446 F. Supp. 2d 70 (D. Conn. 2006). “Defendant also contends that plaintiffs claim is untimely under the California Probate Code § 16061.7 which requires that heirs and beneficiaries of a trust settlor whose trust became irrevocable upon death, be given notice of the fact and be warned explicitly that they have one…”
In re Elijah & Mary Stiny Trusts, No. 3:19-cv-00346 (E.D. Ark. June 10, 2022). “CAL. PROB. CODE § 16061.8. The movants rely on the notices sent in 2011 after Mr.”
In re Elijah & Mary Stiny Trusts, No. 3:19-cv-00346 (E.D. Ark. June 16, 2022). “CAL. PROB. CODE § 16061.8. The movants rely on the notices sent in 2011 after Mr.”
Cal. Probate Code § 16061.7(a)(1): 2 cases
In re Elijah & Mary Stiny Trusts, No. 3:19-cv-00346 (E.D. Ark. June 10, 2022). “CAL. PROB. CODE § 16061.8. The movants rely on the notices sent in 2011 after Mr.”
In re Elijah & Mary Stiny Trusts, No. 3:19-cv-00346 (E.D. Ark. June 16, 2022). “CAL. PROB. CODE § 16061.8. The movants rely on the notices sent in 2011 after Mr.”
Cal. Probate Code § 16061.7(a)(2): 1 case
In re Elijah & Mary Stiny Trusts, No. 3:19-cv-00346 (E.D. Ark. June 16, 2022). “CAL. PROB. CODE § 16061.8. The movants rely on the notices sent in 2011 after Mr.”
Cal. Probate Code § 16061.7(e): 2 cases
In re Elijah & Mary Stiny Trusts, No. 3:19-cv-00346 (E.D. Ark. June 16, 2022). “CAL. PROB. CODE § 16061.8. The movants rely on the notices sent in 2011 after Mr.”
In re Elijah & Mary Stiny Trusts, No. 3:19-cv-00346 (E.D. Ark. June 10, 2022). “CAL. PROB. CODE § 16061.8. The movants rely on the notices sent in 2011 after Mr.”
Cal. Probate Code § 16061.7(h): 1 case
Smith v. Conetta, No. B327183 (Cal. Ct. App. June 27, 2025).
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