What to Do When a Trustee Won't Distribute Trust Assets in California

You're a trust beneficiary waiting for your inheritance. The settlor died months ago—maybe years ago—and the trustee still hasn't distributed anything. Calls go unanswered. Excuses pile up. You're starting to wonder if you'll ever receive what you're entitled to.

This situation is more common than you might think. Here's what California law says about trustee distribution duties and what you can do about delays.

How Long Should Distribution Take?

First, understand what's reasonable. Trust administration has legitimate steps that take time:

Normal Timeline

Phase	Duration
Initial administration	1-2 months
120-day contest period	4 months
Pay debts and taxes	2-4 months
Distribution	2-4 weeks
Total	6-12 months typical

When Delays Are Justified

Longer timelines may be appropriate if:

• Real estate must be sold
• Complex tax issues require resolution
• Business interests need valuation
• Multiple properties in different states
• Estate tax returns required (9+ months)
• Legitimate disputes among beneficiaries

When Delays Are NOT Justified

Unjustified delays include:

• Trustee just hasn't gotten around to it
• Trustee is using trust property for personal benefit
• Trustee is punishing beneficiaries they dislike
• Trustee doesn't know what to do and won't get help
• Trustee refuses to sell property everyone agrees should be sold

Warning Signs of Trustee Problems

Communication Red Flags

• Trustee won't return calls or emails
• Vague answers to direct questions
• Excuses that don't make sense
• Promises that never materialize
• Defensive or hostile responses

Financial Red Flags

• Trustee living in trust property without paying rent
• Trust accounts being depleted
• Assets disappearing without explanation
• Large trustee fees without disclosure
• Personal expenses paid from trust
• Property sold below market value

Administrative Red Flags

• No 60-day notice ever sent
• No accounting provided despite requests
• No explanation of what's taking so long
• Years pass with no progress
• Trustee can't explain what assets exist

Your Rights as Beneficiary

California law protects trust beneficiaries:

Right to Information

The trustee must keep you "reasonably informed" about administration. You can request:

• Trust terms affecting your interest
• Account statements
• Status updates
• Formal accounting

Right to Timely Distribution

Once debts and taxes are paid and the contest period expires, the trustee should distribute without unreasonable delay.

Right to Accounting

You can demand a formal accounting showing all receipts, disbursements, and current assets.

Right to Court Intervention

If the trustee doesn't perform, you can petition the court for:

• Orders to compel distribution
• Orders to compel accounting
• Trustee removal
• Damages for breach

Step-by-Step: What to Do

Step 1: Document Everything

Before taking action, create a record:

• Save all emails and texts with trustee
• Note dates of calls and what was said
• Keep copies of any documents received
• Document what you haven't received
• Note how much time has passed since death

Step 2: Make Written Demands

Put your requests in writing:

Request for information:

"Please provide a current accounting showing all trust assets, income, and expenses since [settlor's] death."

Request for status:

"Please provide a written update on the status of trust administration and anticipated timeline for distribution."

Request for distribution:

"The 120-day contest period has expired and [X months] have passed since [settlor's] death. Please distribute my share of the trust as required by the trust terms."

Set a deadline: Give 30 days for response.

Send via certified mail with return receipt, or email with read receipt.

Step 3: Consult an Attorney

If written demands don't work, consult a trust litigation attorney who can:

• Evaluate your legal options
• Send a formal demand letter
• Explain the court process
• Estimate costs and timeline

Attorney letters often prompt action because the trustee realizes legal consequences are coming.

Step 4: Petition the Court

If the trustee still won't act, file a court petition. You can request:

Order to Compel Accounting

Court orders trustee to provide detailed accounting of all trust transactions.

Order to Compel Distribution

Court orders trustee to distribute your share within a specified time.

Trustee Removal

Court removes the trustee and appoints a replacement.

Surcharge

Court orders trustee to pay damages from personal funds for losses caused by their breach.

Grounds for Trustee Removal

California Probate Code §15642 allows trustee removal for:

• Breach of trust
• Failure to perform duties
• Incapacity
• Substantial conflict of interest
• Failure to cooperate with co-trustees
• Persistent failure to provide accountings
• Unreasonable delay in administration

Unreasonable delay in distribution is a breach of the trustee's duty and grounds for removal.

What the Court Can Do

Immediate Relief

• Order immediate distribution of your share
• Freeze trust accounts to prevent further depletion
• Appoint temporary trustee
• Restrict current trustee's powers

Long-Term Remedies

• Remove and replace trustee
• Order full accounting
• Award damages (surcharge) against trustee
• Award your attorney fees from trust or trustee personally

How Long Does Court Action Take?

Action	Timeline
File petition	Day 1
Hearing scheduled	4-6 weeks
Initial hearing	Order may be issued same day
Contested matter	Additional 2-4 months
Appeal (if any)	6-12 months more

Emergency petitions can be heard faster if assets are being wasted.

Costs of Taking Legal Action

Your attorney fees:

• Consultation: $0-$500
• Demand letter: $500-$1,500
• Simple petition: $5,000-$10,000
• Contested matter: $15,000-$40,000+

Who pays:

If you prevail, the court may order:

• Trust to pay your fees
• Trustee to pay personally (especially if they breached duties)

Is it worth it?

Calculate your expected inheritance versus litigation costs. For a $100,000 inheritance, spending $10,000 to force distribution may make sense. For $10,000, it might not.

Alternatives to Court

Negotiation

Sometimes a direct conversation or attorney letter resolves things. The trustee may be overwhelmed rather than malicious.

Mediation

A neutral mediator can help resolve disputes without litigation. Cheaper and faster than court.

Family Meeting

If multiple beneficiaries are affected, unified pressure may prompt action.

Accountant Involvement

Sometimes the trustee is paralyzed by tax concerns. A CPA's involvement can move things forward.

Protecting Yourself Going Forward

Keep Records

Document everything throughout the process.

Stay Professional

Avoid hostile communications that could hurt your position later.

Don't Delay

The longer you wait, the more assets may disappear and the harder recovery becomes.

Get Legal Advice Early

An attorney consultation costs a few hundred dollars but can prevent costly mistakes.

Don't Give Up on Your Inheritance

Trustees who won't distribute are breaching their duties. California law gives beneficiaries tools to force action—but you have to use them.

Frequently Asked Questions

What is a reasonable time for trust distribution in California?

Most trusts should be distributed within 6-12 months for simple estates. Complex trusts involving real estate sales, business valuations, or tax issues may take 12-18 months. Delays beyond two years typically require extraordinary circumstances to justify. The key is whether the trustee is making reasonable progress or simply stalling without legitimate reasons.

Can a trustee withhold distribution indefinitely?

No. Even if the trust gives the trustee discretionary authority, they cannot simply refuse to act indefinitely. Trustees must exercise discretion reasonably and within a reasonable timeframe. Unreasonable delay constitutes breach of fiduciary duty and grounds for removal, regardless of discretionary language in the trust.

What are my rights if the trustee won't communicate?

California Probate Code Section 16060 requires trustees to keep beneficiaries reasonably informed. You have the right to demand accountings, trust documents, and status updates. If the trustee ignores your requests, you can petition the court to compel communication, order accounting, and potentially remove the trustee for failure to perform duties.

How do I remove a trustee who won't distribute?

File a petition for trustee removal under Probate Code Section 15642 citing breach of fiduciary duty, unreasonable delay, and failure to distribute. Present evidence of your demands, the trustee's failures, and harm to the trust. The court can remove the trustee and appoint a successor who will properly complete distribution. You may also recover attorney fees from the trust.

Will I have to pay attorney fees to enforce distribution?

Most trust litigation attorneys offer free initial consultations. If you prevail in forcing distribution or removing the trustee, the court typically orders the trust or the trustee personally to pay your reasonable attorney fees. Many attorneys work on hybrid fee arrangements, making it financially feasible to enforce your rights even without upfront funds.

Get Legal Help

The Law Offices of Rozsa Gyene represents trust beneficiaries throughout Los Angeles County. We've helped clients recover inheritances from uncooperative trustees and hold them accountable.

Call (818) 291-6217 for a consultation, or visit our contact page.

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

---

This article provides general information about beneficiary rights when trustees delay distribution. Every situation is unique. Consult an attorney for advice specific to your circumstances.

---