60-Day Notice Requirement for California Trusts (2025)

If you've just become a successor trustee in California, one of your first legal obligations is sending proper notice to beneficiaries and heirs. Miss this requirement, and you could face serious consequences.

Here's everything you need to know about California's trust notification rules.

What Is the 60-Day Notice?

California Probate Code §16061.7 requires successor trustees to notify beneficiaries and heirs when a revocable trust becomes irrevocable—typically at the trust creator's death.

This notification:

• Informs people of their interest in the trust
• Starts the 120-day period for contesting the trust
• Protects the trustee from later claims of inadequate notice
• Gives recipients the right to request trust information

Who Must Receive Notice?

You must send notice to:

1. Trust Beneficiaries

Anyone named as a beneficiary in the trust, including:

• Primary beneficiaries who receive distributions
• Contingent beneficiaries (who receive if primary beneficiaries don't)
• Remainder beneficiaries (who receive after current beneficiaries)

2. Legal Heirs

Anyone who would inherit under California intestate succession if there were no trust, including:

• Surviving spouse
• Children
• Grandchildren (if their parent predeceased)
• Parents (if no spouse or children)
• Siblings (if no closer relatives)

Important: You must notify heirs even if they receive nothing under the trust. The law assumes they might want to contest.

3. The Person Who Created the Prior Trust

If the current trust amended or replaced an earlier trust, notify beneficiaries of both versions.

What Must the Notice Include?

California law specifies required content:

1. Identity of the settlor(s)

Name of the person who created the trust

2. Trust name and date

Title of the trust and date it was executed

3. That the trust has become irrevocable

Typically because the settlor died

4. Trustee contact information

Name, address, and phone number of the trustee

5. Attorney contact information

Name, address, and phone number of trustee's attorney (if any)

6. Notification of right to receive trust terms

Statement that the recipient can request a copy of trust provisions affecting their interest

7. The 120-day contest period

Statement that any contest must be brought within 120 days of receipt of notice

8. Date of death

When the settlor died

The 60-Day Deadline

When does the clock start?

The 60-day deadline runs from the later of:

• The date of the settlor's death, OR
• The date you become trustee

Example 1: Settlor dies January 1. You're named successor trustee in the trust. Your deadline is March 1 (60 days from death).

Example 2: Original successor trustee declines to serve. You're appointed on February 15 after settlor died January 1. Your deadline is April 15 (60 days from becoming trustee).

How to Send Notice

Proper Delivery Methods

California allows:

• Personal delivery (hand-delivered)
• First-class mail to last known address

Keep proof: Use certified mail with return receipt, or have someone sign an acknowledgment of personal delivery.

For Recipients Whose Address Is Unknown

Make reasonable efforts to find them:

• Check deceased's records and address book
• Search online
• Ask family members
• Consider professional locator services

Document your search efforts. If you truly cannot locate someone after reasonable effort, that's generally sufficient.

The 120-Day Contest Period

The notice triggers a critical timeline:

120 days from receipt of notice = deadline to contest the trust

After 120 days, recipients generally lose the right to challenge:

• Trust validity
• Trustee appointment
• Trust terms

Why This Matters for Trustees

Until the 120-day period expires, there's risk that someone could contest the trust. Most trustees:

• Wait until 120 days pass before final distributions
• Make only preliminary distributions (if any) before then
• Reserve funds for potential contest

Why This Matters for Beneficiaries

If you have concerns about the trust, you have only 120 days to act. After that, your ability to challenge is severely limited.

What Happens If You Don't Send Notice?

For the Trustee

Failure to send required notice can result in:

Extended contest period: The 120-day clock never starts, meaning trust can be contested indefinitely.

Personal liability: Beneficiaries who didn't receive proper notice may sue the trustee.

Removal as trustee: Court may remove trustee for failure to perform duties.

Surcharge: Trustee may have to pay damages from personal funds.

For the Administration

Without proper notice, you cannot safely:

• Make final distributions
• Close the trust
• Obtain releases from beneficiaries

Sample Notice Letter

While you should use a proper legal form (or have an attorney prepare it), here's the general content:

NOTIFICATION BY TRUSTEE
(California Probate Code §16061.7)

To: [Recipient Name and Address]

You are hereby notified that:

1. [Settlor Name] ("Settlor"), the creator of the [Trust Name]
   dated [Trust Date] ("Trust"), died on [Date of Death].

2. [Your Name] is now serving as Trustee of the Trust.

3. The Trust has become irrevocable due to the Settlor's death.

4. You have the right to request a copy of the terms of the Trust
   that affect your interest.

5. If you wish to contest the Trust, you must bring an action
   within 120 days of the date you receive this notification.

Trustee Contact Information:
[Name, Address, Phone]

Attorney Contact Information:
[Name, Address, Phone] (or "None")

Date: [Date]

Signature: [Trustee Signature]

Common Mistakes to Avoid

Missing the 60-Day Deadline

Set a calendar reminder immediately upon becoming trustee. This deadline is firm.

Forgetting Heirs Who Aren't Beneficiaries

You must notify intestate heirs even if they get nothing under the trust. A disinherited child still receives notice.

Using Wrong Addresses

Make reasonable efforts to find current addresses. Notice sent to an old address may not be effective.

Not Keeping Proof

Without proof of mailing, you can't demonstrate compliance. Always use certified mail or get signed acknowledgments.

Omitting Required Content

The notice must include all elements specified by statute. Incomplete notices may not start the 120-day clock.

Sending Notice Too Early

If you send notice before formally becoming trustee, it may not be valid. Wait until you're officially serving.

What About Amended or Restated Trusts?

If the trust was amended multiple times:

• Send notice to beneficiaries of the current (final) version
• Also notify beneficiaries of prior versions if their interests were affected
• Include notice about all relevant trust documents

After Sending Notice

Document Everything

Maintain records showing:

• Who received notice
• What address was used
• Date sent
• Proof of mailing/delivery

Respond to Requests

Recipients may request copies of trust terms affecting their interest. Provide these promptly.

Track the 120-Day Period

Calculate when the contest period expires for each recipient. Don't make final distributions until all periods have run.

Related Articles

Learn more about trust notice and beneficiary rights:

• Trust Contest California: Grounds and Process - Why proper 60-day notice is critical and the 120-day statute of limitations for trust contests.

• No-Contest Clauses in California Trusts - How improper notice affects no-contest clauses and beneficiary rights to challenge the trust.

• Common Trust Administration Mistakes - Failure to send proper notice is one of the most common and serious trustee mistakes.

• When Trustees Fail to Communicate California - Legal duties to communicate with beneficiaries beyond the initial 60-day notice.

• Trustee Removal California - How failure to provide proper notice can be grounds for trustee removal.

Need Help With Trust Notice Requirements?

The 60-day notice is one of the first and most important steps in trust administration. Getting it right protects you as trustee and moves the administration forward.

The Law Offices of Rozsa Gyene prepares proper notices and guides successor trustees through all California trust administration requirements.

Call (818) 291-6217 for a consultation, or visit our trust administration questionnaire.

Serving Glendale, Burbank, Pasadena, and all of Los Angeles County.

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This article provides general information about California trust notice requirements. Every trust is different. Consult an attorney to ensure compliance with your specific situation.