If you’ve ever been named as a beneficiary in a California trust, you probably expected that once the person who created the trust passed away, the trustee would step in, manage the details, and then distribute the assets according to the trust’s instructions. Simple, right?
But what happens when that doesn’t happen? Maybe months have passed, and you still haven’t seen any movement. Or the trustee keeps dodging your calls. Or they’re vague about timelines, saying “these things take time” without ever providing specifics.
This isn’t just frustrating; it can feel like the entire estate plan is unraveling. So let’s talk about what’s really required of trustees in California, and what you as a beneficiary can do if the trustee refuses to distribute assets.
Yes, a trustee is required to distribute assets in California, but the timing depends on the circumstances. They must follow the trust’s instructions, settle debts and taxes, and then make distributions to beneficiaries as the trust directs.
That doesn’t mean distribution happens overnight. For example:
Still, a trustee cannot indefinitely delay distribution. California Probate Code §16007 and §16060 requires trustees to keep beneficiaries reasonably informed and to administer the trust in a timely manner.
Beneficiaries in California have the right to demand information and to hold the trustee accountable when assets aren’t being distributed. Current beneficiaries—those entitled to receive income or principal now—can request a copy of the trust, ask for an accounting of assets, and receive updates about administration. Contingent beneficiaries—those who may inherit in the future—typically have more limited rights but can still act if the trustee’s conduct threatens their potential interest.
Think of a trust like a contract: the trustee is bound to carry out the terms, and beneficiaries are entitled to what the trust promises. A surprising number of disputes start because trustees keep beneficiaries in the dark, creating suspicion even if no wrongdoing has occurred.
Refusing to distribute assets becomes a breach of fiduciary duty when the trustee delays without a valid reason, ignores the trust’s terms, or uses the trust for personal benefit. California law requires trustees to act in good faith, follow the trust instrument, and administer the trust with loyalty to the beneficiaries.
Not every delay is misconduct—some situations, like handling creditor claims, selling real estate, or resolving tax issues, legitimately take extra time. But when months or years pass without explanation, and beneficiaries are left in the dark, the delay shifts from reasonable to harmful.
Here’s an analogy: imagine hiring a contractor to remodel your kitchen. They take your money, promise the work will be done in three months, and then… nothing. Six months later, the kitchen’s untouched, and you can’t get a straight answer. At some point, that’s not “delays”—it’s negligence. The same applies to trust administration.
Beneficiaries can take several legal steps when a trustee refuses to act, ranging from sending a demand letter to filing a petition in probate court. Courts in California have the authority to compel trustees to follow the trust terms and protect beneficiaries from harm.
Some common remedies include:
Yes, beneficiaries can ask the probate court to compel a trustee to distribute assets if the trustee refuses to act voluntarily. California courts have broad authority to order distributions, set deadlines, or even replace a trustee to make sure the trust is properly carried out.
That said, beneficiaries can’t force immediate distribution if there are valid reasons for delay—like paying estate taxes, selling real estate, or resolving creditor claims. The court will weigh whether the trustee’s delay is reasonable under the circumstances.
It’s not always about hostility. Sometimes trustees are family members who feel overwhelmed by the responsibility. But regardless of intent, beneficiaries are entitled to receive what the trust provides, and the law prioritizes that outcome.
You should consider hiring a trust litigation attorney when the trustee refuses to respond, won’t provide information, or continues delaying distributions without a valid reason. Legal representation ensures your rights are enforced and the trust is administered correctly.
A trust litigation attorney can:
Waiting for a trustee to take action can feel endless, but California law provides clear remedies. Beneficiaries have the right to demand transparency, request accountings, and seek court intervention if delays become unreasonable. These safeguards exist to ensure a trust is managed properly and beneficiaries aren’t left in the dark.
Sometimes the delay stems from complex estate matters; other times it reflects a trustee’s failure to uphold their duties. In either case, legal guidance can clarify what’s acceptable and what crosses the line into breach of duty. At Ferguson Law Group, we work with beneficiaries to enforce their rights and hold trustees accountable.
If you’re facing an unresponsive or uncooperative trustee, now is the time to act. Our team can step in to press for answers, compel distributions, and, when necessary, petition the court for stronger remedies. Reach out today to protect your interests and ensure the trust is carried out as intended.
A beneficiary can request a copy of the trust, demand accountings, and petition the probate court to compel the trustee to act.
Yes. Under California law, a trustee must follow the trust’s terms, administer the trust promptly, and keep beneficiaries reasonably informed (Probate Code §§16007, 16060).
Yes. If a trustee delays without valid reason or breaches fiduciary duties, beneficiaries can ask the court to remove the trustee and appoint a replacement.
