A beneficiary is a person or legal entity designated to receive assets from a trust or estate—either after a person’s death or according to the terms of a trust. As a beneficiary, you have specific legal rights, and those rights are enforceable.
If you believe your rights have been violated, a California estate planning attorney can help you understand your options.
Who Notifies Me That I Am a Beneficiary of a Trust?
When a settlor (the person who created the trust) passes away, the trustee is legally required to notify all beneficiaries. Under California law, the trustee has 60 days from the settlor’s death to send this notification.
The notification must include:
- The settlor’s identity
- The trust’s formation date
- The trustee’s name, address, and telephone number
- The physical address where the trust is administered
- Any additional information the trust requires the trustee to disclose
- Notice that you are entitled to request a complete copy of the trust terms
Important deadline: If the trustee includes a copy of the trust with the notice, you generally have only 120 days from the date of notification to contest the trust. Don’t wait.
If the trustee refuses to provide a copy of the trust terms—or you believe the copy you received is incomplete or inaccurate—contact an attorney immediately.
What Happens if the Trustee Doesn’t Notify Me?
If you’re not notified, you still have options. When a will is filed with the probate court, it becomes a matter of public record—meaning you can obtain a copy directly from the court.
California law sets clear filing requirements:
| Party | Obligation | Deadline |
| Custodian of the will | Deliver the will to the superior court in the county where the decedent resided | Within 30 days of death |
| Custodian (if not the executor) | Deliver a copy to the named executor or personal representative | Same 30-day window |
| Custodian (if executor’s location is unknown) | Provide a copy to a named beneficiary whose whereabouts are known | Same 30-day window |
California Probate Code §8200 governs these requirements.
If a custodian refuses to file the will with the court, you have the right to file a petition demanding they produce it.
Key Deadlines to Keep in Mind
Timing matters significantly in trust and estate matters. Missing a deadline can limit your options.
| Situation | Deadline |
| Trustee must notify beneficiaries after settlor’s death | 60 days |
| Beneficiary’s window to contest the trust (if copy included with notice) | 120 days from notification |
| Custodian must file will with probate court | 30 days after death |
Contact a California Estate-Planning Attorney for Help
Estate and trust matters can be complicated. Deadlines for filing contests and other petitions may be short. It is best to consult a California estate-planning attorney as soon as possible if you believe you are being denied information or property that your are entitled to receive as a beneficiary of a trust or estate. Talk with our California estate planning attorneys today.