(a)Except as otherwise provided in this section and in Section 16064, the trustee shall account at least annually, at the termination of the trust, and upon a change of trustee, to each beneficiary to whom income or principal is required or authorized in the trustee’s discretion to be currently distributed.
(b)A trustee of a living trust created by an instrument executed before July 1, 1987, is not subject to the duty to account provided by subdivision (a).
(c)A trustee of a trust created by a will executed before July 1, 1987, is not subject to the duty to account provided by subdivision (a), except that if the trust is removed from continuing court jurisdiction pursuant to Article 2 (commencing
with Section 17350) of Chapter 4 of Part 5, the duty to account provided by subdivision (a) applies to the trustee.
(d)Except as provided in Section 16064, the duty of a trustee to account pursuant to former Section 1120.1a of the Probate Code (as repealed by Chapter 820 of the Statutes of 1986), under a trust created by a will executed before July 1, 1977, which has been removed from continuing court jurisdiction pursuant to former Section 1120.1a, continues to apply after July 1, 1987. The duty to account under former Section 1120.1a may be satisfied by furnishing an account that satisfies the requirements of Section 16063.
(e)Any limitation or waiver in a trust instrument of the obligation to account is against public policy and shall be void as to any sole trustee who is either of the following:
(1)A
disqualified person as defined in former Section 21350.5 (as repealed by Chapter 620 of the Statutes of 2010).
(2)Described in subdivision (a) of Section 21380, but not described in Section 21382.
Notes of Decisions
Cited in
9
cases (
3 in the last 5 years), 2006–2025 · leading case:
Esslinger v. Cummins, 2006 Cal. Daily Op. Serv. 10188 (Cal. Ct. App. 2006).
Esslinger v. Cummins, 2006 Cal. Daily Op. Serv. 10188 (Cal. Ct. App. 2006).
· cites it 6× “Probate Code section 16062, subdivision (a) states: "Except as otherwise provided in this section and in Section 16064, the trustee shall account at least annually, at the termination of the trust, and upon a change of trustee, to each beneficiary to whom income or principal is…”
Lindie Banks v. N. Trust Corp., 929 F.3d 1046 (9th Cir. 2019).
“1958); see also Cal. Prob. Code § 16062 . A trustee’s violation of its duty is a breach of trust.”
Finkbeiner v. GAVID, 39 Cal. Rptr. 3d 871 (Cal. Ct. App. 2006).
“” Probate Code section 16062 requires the trustee to “account at least annually” and “at the termination of the trust.”
Kvassay v. Kvassay CA2/2 (Cal. Ct. App. 2021).
· cites it 2× “Applicable law and standard of review Probate Code section 16062, subdivision (a) requires the trustee of a trust to “account at least annually, at the termination of the trust, and upon a change of trustee, to each beneficiary to whom income or principal is required or…”
Young v. Humphrey CA6 (Cal. Ct. App. 2013).
· cites it 2× “Thus, the trial court concluded that Liane had breached her fiduciary duties to Andrea by failing (1) to administer the Trust pursuant to the terms of the Trust (Probate Code, § 16000), (2) to deal impartially with the beneficiaries (Probate Code, § 16003), (3) to account…”
In Re Elijah & Mary Stiny Trusts (E.D. Ark. 2024).
“" CAL. PROB. CODE § 16062(a). The Stiny grandchildren were not entitled to receive income or principal from the trust at Mr.”
Umesh Patel & Lee Umesh Patel (Bankr. E.D. Cal. 2020).
“CAL. PROBATE CODE § 16062(a). They also must keep 3 beneficiaries reasonably informed of the trust and its 4 administration.”
Coxe v. Vilk-Coxe CA4/3 (Cal. Ct. App. 2025).
“) The Esslinger court explained the interplay between the various sections as follows: “Probate Code section 16062 places a duty on the trustee to provide annual accountings to income beneficiaries.”
Williams v. McCullough CA2/1 (Cal. Ct. App. 2014).
“(Prob. Code, § 16062, subd. (a).) Thus, the facts belie any contention by McCullough that he made no accounting.”
— Cal. Probate Code § 16062(a) — 2 cases
In Re Elijah & Mary Stiny Trusts (E.D. Ark. 2024).
“" CAL. PROB. CODE § 16062(a). The Stiny grandchildren were not entitled to receive income or principal from the trust at Mr.”
Umesh Patel & Lee Umesh Patel (Bankr. E.D. Cal. 2020).
“CAL. PROBATE CODE § 16062(a). They also must keep 3 beneficiaries reasonably informed of the trust and its 4 administration.”
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