Key Takeaways
- When a revocable trust becomes irrevocable (usually on the settlor’s death), the trustee must serve a statutory notice on beneficiaries and heirs — generally within 60 days.
- That notice starts a 120-day clock to contest the trust (or 60 days from getting a copy of the trust terms, if later).
- The notice must include specific information and a warning about the 120-day deadline.
- Missing the deadline generally bars the contest — and can trigger a no-contest clause.
- A trustee who fails to serve the notice can face liability and can leave the trust open to challenge longer.
The Notice That Starts Everything
When someone creates a revocable living trust, they can change it freely during life. But when they die, the trust becomes irrevocable — locked in. At that moment, California law imposes a specific duty on the trustee: serve a statutory notice on the trust’s beneficiaries and the deceased settlor’s heirs, letting them know the trust exists, who the trustee is, and that they have rights — including the right to request a copy of the trust and a limited window to challenge it.
This notice is the hinge on which trust contests turn. For beneficiaries and heirs, it’s the starting gun — receiving it triggers the clock to act. For trustees, serving it correctly and on time is both a duty and a protection, because a proper notice is what eventually closes the door on challenges and gives the trust finality. Understanding this notice — what it must say, when it’s due, and what it starts — is essential on both sides of a trust.
When the Notice Is Required and What It Must Contain
The trustee’s duty to serve the notice generally arises when a revocable trust (or a portion of it) becomes irrevocable because of the settlor’s death, or on a change of trustee of an irrevocable trust. The notice is generally due within 60 days of the triggering event, served on each beneficiary and each heir of the deceased settlor.
The notice isn’t freeform — California specifies what it must contain, including:
- The identity of the settlor and the date the trust was created,
- The name, address, and phone number of each trustee,
- The address of the trust’s principal place of administration, and
- A statement that the recipient is entitled to request a copy of the trust terms, and
- A warning — in statutorily prescribed language — that the recipient may not bring an action to contest the trust more than 120 days from the date the notice is served, or 60 days from the date a copy of the trust terms is delivered during that period, whichever is later.
That warning is the part that matters most to recipients: it tells them, in black and white, that the clock is running and how long they have.
The 120-Day Clock
The deadline the notice triggers is strict. A recipient generally has 120 days from the date the notice is served to file a contest — extended to 60 days from delivery of the trust terms only if they request and receive a copy during the 120-day window and that pushes the date later. After that, a contest is generally time-barred.
These windows are short by design. The law wants trusts settled promptly and trustees able to administer and distribute without an indefinite cloud of potential challenges. For a beneficiary or heir with concerns about the trust’s validity, the message is unambiguous: act fast. Consult a lawyer well before the 120 days run — gathering evidence, evaluating the claim, and preparing a contest all take time, and the deadline does not forgive delay.
Did you receive a trust notice and have concerns about the trust? The 120-day clock is already running, and it’s unforgiving. Bay Legal can assess your options quickly. For guidance on your specific situation, call (650) 668-8000 or schedule a consultation at baylegal.com/contact.
Why Missing the Deadline Is So Dangerous
Missing the 120-day deadline does more than lose the contest — it can be affirmatively harmful. California courts have held that a contest filed after the deadline automatically lacks probable cause, because no reasonable person believes a time-barred challenge has a reasonable likelihood of success. When the trust contains a no-contest clause, that’s a trap: bringing a late, barred contest can itself trigger the clause and forfeit the contestant’s entire inheritance.
Courts have also held that the deadline reaches any claim whose practical effect is to invalidate the trust or an amendment, regardless of how the claim is labeled — so trying to dress up a late contest as something else generally doesn’t work. The combination of a hard deadline and a no-contest clause makes timing one of the highest-stakes issues in all of trust litigation, and one of the strongest reasons to get advice immediately on receiving a notice. See our guide on no-contest clauses.
What Happens If the Trustee Doesn’t Serve the Notice
The duty runs the other way too. A trustee who fails to serve the required notice doesn’t get the benefit of the deadline — without proper notice, the contest clock generally doesn’t start, leaving the trust open to challenge longer than it otherwise would be. Worse for the trustee, California law provides that a trustee who fails to serve the notice as required can be liable for damages, attorney fees, and costs caused by the failure, if a contest that the deadline would have barred is later brought.
So the notice protects everyone when done right and creates exposure when neglected: it gives beneficiaries their information and their window, and it gives the trustee finality — but only if the trustee actually serves it properly and on time.
Trustee unsure how or when to serve the required notice — or worried you missed it? Getting this right protects you and the trust. Bay Legal can help. For guidance on your specific situation, call (650) 668-8000 or schedule a consultation at baylegal.com/contact.
A Note for Both Sides
For beneficiaries and heirs: treat the notice as urgent. The day you receive it, the clock starts. If you have any concern about the trust’s validity, request the trust terms immediately and get advice well inside the window.
For trustees: serving the notice properly and promptly is one of the most important early steps in administering a trust. It discharges a legal duty, starts the clock that eventually protects the trust from challenge, and avoids the personal liability that comes with neglecting it. When in doubt about the recipients or the contents, get it right rather than fast-and-wrong. See our guides on trust administration deadlines and defending a trustee.
How This Fits Together
This notice and deadline govern every trust contest — including those based on capacity and undue influence — and they interact directly with no-contest clauses.
Frequently Asked Questions
What is the trustee’s 60-day notice in California?
When a revocable trust becomes irrevocable on the settlor’s death (or on a change of trustee of an irrevocable trust), the trustee generally must serve a statutory notice on beneficiaries and heirs within 60 days, identifying the trust and trustee and warning of the 120-day deadline to contest.
How long do I have to contest a trust after receiving notice?
Generally 120 days from the date the notice is served, or 60 days from the date you’re given a copy of the trust terms if that’s later. After that, a contest is generally barred.
What must the trustee’s notice include?
The settlor’s identity and the trust’s date, each trustee’s name and contact information, the principal place of administration, a statement of the right to request the trust terms, and the prescribed warning about the 120-day contest deadline.
What happens if I miss the 120-day deadline?
Your contest is generally time-barred, and because a late contest is treated as lacking probable cause, it can trigger a no-contest clause and forfeit your inheritance. The deadline also applies to claims whose practical effect is to invalidate the trust.
What if the trustee never sends the notice?
Then the contest clock generally doesn’t start, leaving the trust open to challenge longer. A trustee who fails to serve the required notice can also be liable for damages, attorney fees, and costs caused by the failure.
