California Probate Code Section 16060 requires a trustee to keep every beneficiary reasonably informed about the trust and how it is being administered. The duty is ongoing, it does not depend on the beneficiary asking first, and it applies once the trust (or a portion of it) becomes irrevocable, which for most family trusts happens when the person who created it dies.1California Legislative Information. California Code Probate 16060 – Trustee’s Duty to Inform
What “Reasonably Informed” Actually Means
Section 16060 is short. It tells the trustee to keep beneficiaries reasonably informed of the trust and its administration, and it stops there. The statute does not list documents to hand over or set a calendar. That vagueness is the point: the trustee cannot wait to be asked, cannot hide behind the absence of a specific request, and cannot treat silence as compliance.
A trustee meeting this duty communicates proactively about material developments: what assets the trust holds, significant transactions, changes in investment strategy, distributions, and anything else a beneficiary would reasonably want to know to protect their interest. A trustee who refuses to answer questions, stalls, or provides only fragments is already in breach territory.
The Companion Right to Request Information
Section 16061 gives the other half of the framework. On a reasonable written request from a beneficiary, the trustee must provide information relevant to that beneficiary’s interest.2California Legislative Information. California Code PROB 16061 You can ask for the trust document itself, a list of assets, details about specific distributions, or an explanation of what the trustee has been doing. Put every request in writing. That paper trail is what allows you to enforce your rights later if the trustee ignores you.
When the Duty Applies
The duty to inform runs to beneficiaries only after a trust becomes irrevocable. While a trust is still revocable, the settlor can rewrite or cancel it at will, and the trustee’s obligations run to the settlor, not to future beneficiaries.3California Legislative Information. California Code Probate 16069 Most revocable living trusts become irrevocable at the settlor’s death, which is when beneficiary rights under 16060 kick in.
Section 16069 spells out two exceptions where the trustee has no duty to account, provide the trust terms, or respond to information requests. The first is while the trust remains revocable. The second is when the beneficiary and the trustee are the same person.3California Legislative Information. California Code Probate 16069
One important wrinkle sits inside the first exception. If the person holding the power to revoke the trust becomes mentally incapacitated, the trustee’s duty to account shifts to the beneficiaries who would receive the property if the settlor died at that point. Incapacity, in other words, effectively turns on the accounting duty even though the trust is still technically revocable.
What You Can Ask For
A reasonable written request under Section 16061 can cover, among other things:
- A complete copy of the trust document, including any amendments.
- An inventory of trust assets and their values.
- Records of specific transactions or distributions.
- An explanation of the trustee’s decisions on investments, sales, or discretionary distributions.
- The identity and compensation of anyone the trustee has hired to help administer the trust.
The request has to be reasonable and tied to your interest in the trust. A remote contingent beneficiary asking for the same level of detail as a current income beneficiary may hear “no” and be within the trustee’s rights. A current or vested beneficiary asking basic questions about administration should not.
Related Duties That Sit Alongside Section 16060
The duty to inform does not stand alone. Two other statutes control the more concrete pieces of what a trustee must send you, and understanding them is part of understanding what “reasonably informed” looks like in practice.
The Death Notice Under 16061.7
When a revocable trust becomes irrevocable because the settlor died, when there is a change of trustee of an irrevocable trust, or when a retained power of appointment takes effect or lapses at the settlor’s death, Section 16061.7 requires a formal written notification within 60 days.4California Legislative Information. California Code PROB 16061.7 It must go to every beneficiary of the irrevocable trust, and when the trigger is the settlor’s death, to every heir of the settlor as well, even heirs who are not named as beneficiaries.
The notice must identify the settlor, list the trustees with contact information, tell you where the trust is being administered, and inform you that you can request a copy of the trust terms. When the trigger is a death, the notice must also carry a boldface warning that you have 120 days from service to contest the trust, or 60 days from receiving a copy of the trust terms during that window, whichever falls later.4California Legislative Information. California Code PROB 16061.7 Treat this notice as time-sensitive. If you have any concern about the trust’s validity, undue influence, or a suspicious amendment, request the trust document immediately and talk to a lawyer, because the clock has already started.
Formal Accountings Under 16062
Section 16062 requires the trustee to provide a formal accounting at least once per year, when the trust terminates, and whenever there is a change of trustee. The duty runs to every beneficiary who is entitled to receive income or principal distributions, whether those distributions are mandatory or discretionary.5California Legislative Information. California Code PROB 16062
If you are a remainder beneficiary who takes nothing until a life beneficiary dies, this annual accounting obligation does not automatically extend to you. Your general right to information under 16060 and 16061 still applies. The scheduled accounting duty is aimed at current distribution beneficiaries.
Section 16063 sets what an accounting must contain: receipts and disbursements broken down by principal and income, a statement of assets and liabilities at period end, trustee compensation, and the identity and compensation of any agents the trustee has hired, including whether those agents have any relationship to the trustee.6California Public Law. California Probate Code 16063 That last piece matters. If a trustee has hired their own law firm or a relative’s advisory practice, the accounting has to say so. Self-dealing is a common source of trust disputes, and the disclosure requirement exists to surface it.
What to Do When a Trustee Won’t Comply
If your written request goes unanswered, the law gives you a specific path forward. Section 17200 lets any beneficiary petition the probate court on the internal affairs of a trust, and it authorizes petitions to compel the trustee to deliver a copy of the trust terms, to compel a response to a request for information if the trustee has failed to reply within 60 days of a written demand, and to compel an accounting if the trustee has not provided one within 60 days of a written request and no accounting has been furnished in the previous six months.7California Legislative Information. California Code PROB 17200
The 60-day requirement is why every request should be written and sent by a method that proves delivery. Certified mail, return receipt requested, is the standard choice. Without a written request and evidence of the trustee’s silence, a petition has no foundation.
Trustee Removal and Other Remedies
If the trustee’s failures go beyond a single missed request, Section 15642 allows a court to remove the trustee for breach of trust, unfitness, failure or refusal to act, or excessive compensation.8California Legislative Information. California Code PROB 15642 Persistent stonewalling on information and accountings supports removal on breach-of-trust and failure-to-act grounds.
Section 17200 also authorizes the court to reduce or deny trustee compensation and to order any available remedy for a breach of trust.9California Legislative Information. California Code PROB 17200 A trustee who has been drawing fees while ignoring their basic transparency obligations rarely gets sympathy from a probate judge.
Practical Steps for Beneficiaries
The tools built into Section 16060 and its companion statutes only work if you use them correctly. A few habits make the difference:
- Send every request for information in writing, dated, specific about what you want, and delivered in a way that creates proof of receipt.
- Keep copies of everything the trustee sends you, including cover letters and envelopes.
- Note the date of any Section 16061.7 notice the moment it arrives, and calendar the 120-day contest deadline the same day.
- If 60 days pass after a written request without a response, you have satisfied the prerequisite for a Section 17200 petition. You do not need to ask again.
- Read every accounting carefully when you receive it, and pay attention to any boldface notices about objection deadlines, because those deadlines are enforceable.
A trustee who is doing the job properly welcomes reasonable questions and answers them. A trustee who does not is telling you something about how the trust is being administered, and California law gives you the standing and the procedure to do something about it.