Trust Litigation in Contra Costa County

Trust and probate disputes in Contra Costa County are heard by the Superior Court of California, County of Contra Costa. These include trust contests, will contests, claims that a trustee or executor broke fiduciary duties, petitions to compel an accounting and efforts to recover taken property. The court applies the same California Probate Code that governs these disputes statewide.

Most people facing a trust or inheritance dispute in Contra Costa County did not go looking for one. A parent died, and a sibling took control of the trust. Or a late-life amendment surfaced that nobody expected, or the trustee stopped answering questions about the house or the accounts. Some readers are on the other side, a trustee or executor who has been accused of misconduct and is trying to understand what the accusation means. This page explains which court hears these disputes, what California law lets each party do, and where the court's official resources are.

What Trust Litigation in Contra Costa County Involves

Trust litigation means a court dispute about an existing trust: its validity, its terms, or the way the trustee is running it. A trustee is the person or institution managing trust property for the beneficiaries. In Contra Costa County, these cases are heard by the Superior Court of California, County of Contra Costa. That holds whether the family lives in Walnut Creek, Concord, Richmond, Martinez, Antioch, Brentwood, Orinda, Lafayette, Danville or Pleasant Hill.

The disputes tend to fall into recognizable groups:

• trust contests
• breach of fiduciary duty claims against a trustee
• petitions to remove a trustee
• petitions to compel an accounting or to compel information
• will contests
• actions to recover property that was wrongfully taken

Probate Code section 17200(a) is the usual starting point. It provides that, except as section 15800 provides, a trustee or beneficiary of a trust may petition the court about the internal affairs of the trust or to determine whether the trust exists. Section 17200(b) lists proceedings that count as internal affairs, including:

• construing the trust instrument
• determining the validity of a trust provision
• settling accounts and passing on the trustee's acts
• instructing the trustee
• compelling the trustee to act

That list is expressly not exhaustive. A fuller treatment of the Probate Code 17200 petition is available elsewhere on this site.

Contesting a Trust in Contra Costa County

A trust contest is a challenge to the validity of a trust or an amendment. Common grounds are fraud, undue influence, lack of capacity or forgery. The deadline that most often controls a contest begins with a document called the trustee's notification.

Under Probate Code section 16061.7(a), a trustee must serve that notification in certain events, including:

• when a revocable trust, or part of one, becomes irrevocable because of a settlor's death (the settlor is the person who created the trust)
• whenever the trustee of an irrevocable trust changes

The statute lists other events too, so this list is partial.

Probate Code section 16061.8 sets the contest deadline for a person served with the notification under section 16061.7(a)(1). That person cannot bring an action to contest the trust after the later of two dates:

• 120 days from the date the notification is served, or
• 60 days from the date a copy of the trust's terms is delivered to that person during that 120-day period.

The clock runs from service of the notification, or from delivery of the terms. It does not run from the death itself.

Section 21380 addresses one particular concern: gifts to people in a position to shape the document. A provision making a donative transfer (a gift) to any of the following people is presumed to be the product of fraud or undue influence:

• the person who drafted the instrument
• a person in a fiduciary relationship with the transferor who transcribed it, or caused it to be transcribed
• a care custodian of a dependent adult, if the instrument was executed while the care custodian provided services, or within 90 days before or after that period

The presumption shifts the burden of proof. It can be rebutted by clear and convincing evidence, except that it is conclusive for a transfer to the drafter and to the people the statute associates with the drafter. A beneficiary who fails to rebut it bears all costs of the proceeding, including reasonable attorney's fees. This rule does not make every gift to a relative or helper presumptively invalid. It applies only to the categories the statute describes.

Many beneficiaries in Contra Costa County hesitate because the trust contains a no contest clause, which is a provision meant to penalize a challenger. Under Probate Code section 21311(a), such a clause may be enforced only against three kinds of filings:

• a direct contest brought without probable cause
• a pleading claiming that transferred property was not the transferor's property, but only if the clause expressly says so
• a creditor's claim, but only if the clause expressly says so

Under section 21311(b), probable cause exists if, at filing, the facts known to the contestant would cause a reasonable person to believe there is a reasonable likelihood the relief will be granted after an opportunity for further investigation or discovery. A no contest clause does not automatically disinherit everyone who challenges a trust. The page on how to contest a trust covers the process in more depth.

Trustee Duties and Breach of Fiduciary Duty Claims

Probate Code section 16004(a) states the duty of loyalty. A trustee may not use or deal with trust property for the trustee's own profit, or for any purpose unconnected with the trust. A trustee also may not take part in any transaction in which the trustee has an interest adverse to the beneficiary.

Under section 16004(c), a transaction between a trustee and a beneficiary by which the trustee obtains an advantage from the beneficiary is presumed to violate the trustee's fiduciary duties. A fiduciary duty is a legal obligation to act in another's interest. This presumption affects the burden of proof. It does not apply to an agreement about the trustee's hiring or compensation.

Two duties concern information. Section 16060 requires the trustee to keep beneficiaries reasonably informed of the trust and its administration.

Section 16062 governs accounts, which are formal reports of what came in, what went out and what remains. A trustee must account at least annually, at termination and on a change of trustee. That duty runs to each beneficiary to whom income or principal is required, or authorized in the trustee's discretion, to be currently distributed. It is subject to exceptions in sections 16062 and 16064. Not every beneficiary is owed an annual account.

Section 16064 lets a trust instrument waive the account in some circumstances. Even when an account has been waived, the court may compel the trustee to account on a showing that a material breach of the trust has reasonably likely occurred.

If a trustee commits or threatens to commit a breach of trust, Probate Code section 16420(a) lets a beneficiary or cotrustee bring a proceeding for any appropriate purpose. The purposes listed in that section include:

• compelling the trustee to perform the trustee's duties
• enjoining (stopping) a breach
• compelling redress by payment of money or otherwise
• appointing a receiver or temporary trustee
• removing the trustee
• setting aside the trustee's acts, subject to section 18100
• reducing or denying the trustee's compensation
• imposing an equitable lien or a constructive trust, subject to section 18100 (a constructive trust is a court order treating property as held for its rightful owner)
• tracing and recovering wrongfully disposed property, subject to section 18100

Under section 16420(b), these remedies do not prevent resort to any other appropriate remedy.

Section 16440(a) sets the measure of a surcharge, which is money the court orders a trustee to pay for a breach. A trustee who commits a breach is chargeable with whichever of the following is appropriate:

• any loss or depreciation in value resulting from the breach, with interest
• any profit the trustee made through the breach, with interest
• any profit that would have accrued to the trust

A surcharge is not automatic. Under section 16440(b), the court may excuse a trustee who acted reasonably and in good faith under the circumstances as the trustee knew them, in whole or in part, if doing so would be equitable. For a trustee facing these allegations, that subdivision is often as important as the duty itself.

Petitioning the Court: Accountings, Information, and Trustee Removal

Probate Code section 16061 generally requires a trustee to report requested information relevant to a beneficiary's interest on reasonable request. When that does not happen, section 17200(b)(7) provides two petitions:

• A petition to compel information. This is available if the trustee has not provided the requested information within 60 days after the beneficiary's reasonable written request, and the beneficiary has not received it within the six months before the request.
• A petition to compel an account. This is available if the trustee has not submitted a requested account within 60 days after a written request, and no account has been made within the six months before the request.

Once a petition is before it, the court has broad authority. Under section 17206, the court may make any orders necessary or proper to dispose of the matters presented, including appointing a temporary trustee.

Removal follows Probate Code section 15642(a). A trustee may be removed in any of three ways:

• in accordance with the trust instrument
• by the court on its own motion
• on petition of a settlor, cotrustee or beneficiary under section 17200

Under section 15642(b), the grounds for court removal include:

• breach of trust
• insolvency or other unfitness
• hostility or lack of cooperation among cotrustees that impairs administration
• failing or declining to act
• excessive compensation

The statute's wording does not make this list exhaustive.

Compensation disputes have their own rules. Under section 15681, where the trust instrument is silent, a trustee is entitled to reasonable compensation under the circumstances. A trustee may not charge an increased fee without first giving at least 60 days' written notice to the beneficiaries the statute specifies. A section 17200 petition served before that period ends holds the increase back until the court orders otherwise or the petition is dismissed.

Time limits matter here. Under Probate Code section 16460, a claim for breach of trust is barred unless a proceeding is commenced within one of two periods:

• three years after the beneficiary receives an interim or final account, or other written report, that adequately discloses the existence of the claim, or
• where no account or report discloses the claim, or none is received, three years after the beneficiary discovered or reasonably should have discovered the subject of the claim.

A beneficiary in Martinez or Antioch who has received years of statements from a trustee may find that those documents themselves start the clock. A fuller overview of California trust litigation is available on this site.

Will Contests and Estate Disputes in Contra Costa County

Will contests and disputes over probate estates in Contra Costa County are also heard by the Superior Court of California, County of Contra Costa.

Capacity challenges turn on Probate Code section 6100.5. A person lacks capacity to make a will if, at the time of making it, either of two things is true. The first is that the person could not do any of the following:

• understand the nature of the testamentary act
• understand and recollect the nature and situation of the person's property
• remember and understand the person's relations to living descendants, spouse and parents, and to those whose interests the will affects

The second is that the person suffered from a mental health disorder with delusions or hallucinations that caused the person to devise property in a way they otherwise would not have. Capacity is measured at the moment the will is made. A diagnosis such as dementia does not, by itself, make a will invalid.

A contest brought before the will is admitted to probate follows Probate Code section 8250. The contestant files an objection to probate. A summons is then issued and served, and the persons summoned file a written pleading in response within 30 days after service.

After admission, section 8270(a) allows a petition to revoke the probate of the will within 120 days. Any interested person may file it, other than a party to a will contest and other than a person who had actual notice of a contest in time to join it. Under section 8270(b), a person who was a minor, or who was incompetent without a guardian or conservator, when the will was admitted may petition at any time before entry of an order for final distribution.

Disputes over the executor or administrator (the personal representative) are governed by section 8502. A personal representative may be removed for any of these causes:

• wasting, embezzling, mismanaging or committing a fraud on the estate, or being about to do so
• being incapable of properly executing the duties, or not being qualified
• wrongfully neglecting the estate, or long neglecting to act
• removal being otherwise necessary to protect the estate or interested persons
• any other cause provided by statute

Recovery of Wrongfully Taken Property and Double Damages

When a family member in Concord or Danville believes a house, an account or personal property was taken from a parent's trust or estate, Probate Code section 859 is often part of the conversation. It sets a heightened remedy, but only after a specific court finding.

Under section 859, the court must find that a person did one of the following with property belonging to a trust or a decedent's estate (among other protected categories):

• in bad faith, wrongfully took, concealed or disposed of the property, or
• took, concealed or disposed of it by undue influence in bad faith, or
• did so through elder or dependent adult financial abuse

On that finding, the person is liable for twice the value of the property recovered by an action under that part of the Probate Code. The court may also, in its discretion and except as otherwise required by law, award reasonable attorney's fees and costs against that person.

Neither the doubled amount nor the fees are automatic. Both depend on the court making the finding the statute requires. Section 859 adds to the other remedies the law provides; it does not replace them.

Starting a Trust or Estate Dispute in Contra Costa County

Trust and estate disputes are filed in the Superior Court of California, County of Contra Costa. Its jurisdiction covers the whole county, including Walnut Creek, Concord, Richmond, Martinez, Antioch, Brentwood, Orinda, Lafayette, Danville and Pleasant Hill.

The court's official website, contracosta.courts.ca.gov, is the place for current case information and procedural resources. The statewide California Courts site has general self-help material. The Contra Costa County Bar Association is a local bar resource.

This page does not cover setting up a trust or routine, uncontested probate administration.

Discussing a Trust or Probate Dispute in Contra Costa County

Disputes in this county often turn on a handful of documents and dates:

• when a notification was served
• what an account disclosed
• when an amendment was signed
• who was providing care at the time

An attorney discussing a matter like this would typically look at the trust or will and any amendments, the trustee's notification, the accounts and correspondence, and the conduct at issue. For readers whose question is about planning rather than a dispute, a different resource will fit better.

To discuss a dispute like this with an attorney, contact California Trust Litigation Lawyers to request a consultation about your dispute.