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Serving California statewide
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Every answer appears in full on this page — nothing is hidden. Each is tagged with the topic and the role it most often applies to.
Generally 120 days from the date a trustee sends you the statutory notice required under Probate Code §16061.7, or 60 days from actually receiving a copy of the trust, whichever is later.
Trust litigationBeneficiary
Yes, by filing a petition under Probate Code §15642 and showing legally sufficient grounds — such as breach of trust, mismanagement, unfitness, or hostility that is impairing administration.
Trust litigationBeneficiary
Most cases take 9 to 18 months from filing to final distribution. California’s mandatory four-month creditor claim period sets a practical floor even for simple, uncontested estates.
ProbateExecutor
Attorney and executor fees are set by statute under Probate Code §10810 — on a $1,000,000 estate, roughly $23,000 for the attorney and $23,000 for the executor, plus court filing fees and other administration costs.
ProbateExecutor
$208,850 in personal property for deaths on or after April 1, 2025, rising to $239,700 for deaths on or after April 1, 2026, under AB 2016.
ProbateHeir
Assets held in a funded living trust, property held in joint tenancy, and accounts with a named beneficiary generally pass outside probate.
ProbateHeir
Generally yes. A trustee owes beneficiaries a duty to account, and a trustee who will not provide one can be compelled to by court petition.
Trust administrationTrustee
Yes — if you have probable cause for your challenge. The safe-harbour rule under Probate Code §21311 protects a beneficiary who contests in good faith and with probable cause.
Trust litigationBeneficiary
No. Bay Legal’s consultations are paid Case Strategy Sessions.
Working with usAny role
General information about California law, not legal advice. Reading this page does not create an attorney-client relationship. Consultations are paid. Law last verified Aug 2026.