Does the trustee have to send the trust itself with the notice?

Not automatically — but if a beneficiary requests a copy, the trustee must provide one under § 16061.5. Many California trustees send the trust with the notice to avoid a separate request.

What if I do not know how to find an heir?

Reasonable diligence is required. Public-records searches, contact with known family members, and online searches usually suffice. Document the search effort. If after diligent search an heir cannot be located, the notice obligation is satisfied.

Can the 60-day deadline be extended?

No. The deadline is statutory and cannot be enlarged by agreement. Late service is permitted but does not cure the breach — it just starts the 120-day clock from the new service date.

Does the notice have to be served if everyone is on good terms?

Yes. The duty is statutory, not contingent on conflict. Families who skip the notice because “we all agree” create exposure if anyone changes their mind later.

What if the trust says no notice is required?

A trust cannot override the statute. The § 16061.7 duty applies regardless of trust language to the contrary.

Notifying Beneficiaries: California Probate Code § 16061.7

Trustee Notice Requirement

One of the most important deadlines in California trust administration: within 60 days of a revocable trust becoming irrevocable (usually on the settlor's death), the trustee must send a written § 16061.7 notification to every beneficiary and every heir at law of the deceased settlor.

Failing to send the notice — or sending it late or incomplete — indefinitely tolls the 120-day window beneficiaries have to challenge the trust. A challenge that should have closed in 4 months can stay live for years.

The § 16061.7 notice is the most overlooked deadline in California trust administration — and the one that most often turns a quiet trust into a lawsuit.

Who must receive the notice

The statute is broader than “trust beneficiaries.” Notice must go to:

Every current beneficiary of the trust.
Every contingent beneficiary — people who would inherit only if a current beneficiary fails to take.
Every heir at law of the deceased settlor — the people who would inherit under intestate succession, even if the trust completely disinherits them.

What the notice must contain

Cal. Probate Code § 16061.7(g) requires the notice to include:

The identity of the settlor(s) and the date of execution of the trust.
The name, mailing address, and phone number of each trustee.
The address of the principal place of administration.
Any additional information the trust requires.
A warning statement — in the exact statutory language — advising the recipient of their right to receive a copy of the trust and of the 120-day contest period.

“You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you…”

— Cal. Probate Code § 16061.7(h) (required warning)

The warning paragraph must use this exact wording. Paraphrasing it can invalidate the entire notice.

How to send the notice properly

Use certified mail with return receipt — or another method that creates a paper trail. The trustee bears the burden of proving service.
Send to each recipient's last-known address. Reasonable diligence is required to locate heirs whose addresses are unknown.
Keep proof of mailing — certified mail receipt, returned green card, or signed acknowledgment of receipt.
Include a copy of the trust if requested. Beneficiaries have a statutory right to a copy under § 16061.5; sending it with the notice avoids a later request.

Consequences of getting it wrong

If the notice was never sent: The 120-day contest window never starts. Beneficiaries can challenge the trust's validity years later. The trustee may also be removed under § 16061.7(i).
If the notice was sent late: The 120-day window still runs from the date of service — but the trustee may face removal for the late service alone.
If the notice was incomplete: Missing the required statutory warning paragraph, or omitting an heir at law, can invalidate the notice as to the affected person.
If the notice was sent to the wrong address: If the trustee did not exercise reasonable diligence to find the correct address, the notice can be deemed insufficient.

Frequently asked questions

Does the trustee have to send the trust itself with the notice?: Not automatically — but if a beneficiary requests a copy, the trustee must provide one under § 16061.5. Many California trustees send the trust with the notice to avoid a separate request.
What if I do not know how to find an heir?: Reasonable diligence is required. Public-records searches, contact with known family members, and online searches usually suffice. Document the search effort. If after diligent search an heir cannot be located, the notice obligation is satisfied.
Can the 60-day deadline be extended?: No. The deadline is statutory and cannot be enlarged by agreement. Late service is permitted but does not cure the breach — it just starts the 120-day clock from the new service date.
Does the notice have to be served if everyone is on good terms?: Yes. The duty is statutory, not contingent on conflict. Families who skip the notice because “we all agree” create exposure if anyone changes their mind later.
What if the trust says no notice is required?: A trust cannot override the statute. The § 16061.7 duty applies regardless of trust language to the contrary.

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