Question Calif Probate Code 17200(7)(a)(b)

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Question Calif Probate Code 17200(7)(a)(b)

Anonymous Dec 16, 2009 Wills And Estates 1 views 2 answers

Trust Trustee has claimed trust monies expenditures that appear questionable. Also, distribution of outstanding trust assets [stock sales, community trust savings, etc.] remain undisclosed to beneficiary. Beneficiary sent written request to Trustee to disclose full accounting of trust assets and trust expenditures to date. Trustee acknowledged request yet has failed to comply. In Calif Probate Code 17200(7)(a)(b) it states a wait period of 60 days. Questions: (1) Is the 60 day wait period from the time the Trustee acknowledged beneficiaries written account request? (2) or when the beneficiary files a "petition to compel" [for lack of better words] with the Probate Court? (3) If the former (1), must the beneficiary wait 60 days then file the petition?

Kendall Vanconas · Answer 1 · 2026-06-15T10:29:48+00:00

The 60 days runs from the date the beneficiary makes the request; in your case, it sounds like it began -- at the latest -- from the date the trustee acknowledged the request. If more than 60 days has elapsed with no accounting from the trustee, you can go ahead and file your petition.

Bert Tigerman 129270.Html · Answer 2 · 2026-06-15T10:29:48+00:00

Probate Code section 17200 (7) (A) provides that a petiton may be filed by a beneficiary to compel the trustee to report information about the trust to the benefiricary IF the trustee "has failed to submit a requested report or account within 60 days after written request of the beneficiary" AND (B) "no report or account has been made within six months preceding the request" The prerequisite for filing the petition is that the 60 days has run with no response. Also, however the petition cannot be filed if the trustee has rendered a report or account within the prior 6 months. The 60 days runs from the date of mailing but the time for the trustee to respond is extended by 5 days ( Code of Civil Proceedure Section 684.020 (b) (1)) so that, in essence, 65 days from mailing has to expire before a petition can be filed. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship

Question Calif Probate Code 17200(7)(a)(b)

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