Understanding the Trust Litigation Process in California: A Step-by-Step Guide

Jun 29, 2025 | Estate Planning

Trusts are often a crucial component of a comprehensive estate plan, but the trust and its trustee can still be vulnerable to legal challenges. Emotions can run high when the terms are personal, meaning even minor trust disputes can quickly turn into trust litigation. A trust litigation attorney can break down the trust litigation process in California to help you determine if it is the right choice and how it is likely to go if you proceed.

Knowledgeable Trust Litigation Support

Trust and estate litigation are complicated processes that often require skilled legal support to be conducted successfully. When considering this step, it is crucial to consult with a skilled trust litigation attorney, such as those at Barry Law Group. Our team understands all the nuances related to litigation law and can help you explore your options for prosecuting or defending a trust.

Trust Litigation in California

Litigation is not always the first step when concerns related to a trust arise, but it can be the only way to resolve some situations. Potential reasons to initiate trust litigation include:

• Allegations of fraud or undue influence
• Concerns that the trustor had the mental competence to create or amend the trust
• The beneficiaries disagree about what the trust requires
• A belief that the trustee is mismanaging assets in the trust, or that they have failed to complete their duties

Whether you are a beneficiary with concerns or a trustee trying to fulfill your duties, seeking legal support means you don’t have to approach the situation alone.

Trust Litigation Step by Step

Approaching trust litigation can seem daunting, but breaking it down into stages can help ease your concerns. Most trust litigation cases will include the following steps:

• Pre-litigation: Before filing the petition, it is essential to thoroughly examine your case and identify potential issues promptly. You must identify your specific concerns that you can take to a trust litigation attorney who can help you determine the appropriate actions. Mediation may be recommended as an alternative to litigation, providing a route to resolve the issue before involving the court.
• Filing the petition: If mediation is unsuccessful, filing a petition with the probate court is the next step. The petition must be filed with the right jurisdiction and venue.
• Notice and service of process: After the petition is filed, the interested parties must be notified in a way that meets legal standards. Failing to comply with this step can result in a delay or dismissal of your case.
• Discovery: During this stage, both parties gather evidence to support their claims. The purpose of this stage is to uncover all potentially relevant information that could have an impact on the case’s outcome. Types of discovery include depositions, documents, and interrogatories.
• Pre-trial motions and hearings: Before the trial, there may be several pre-trial motions and hearings. Examples include motions to dismiss, motions to strike certain evidence, evidentiary hearings, and settlement conferences.
• Trial preparation and trial: Building a solid legal strategy is crucial to effectively portray your side of the case. Witness preparation and evidence compiling are important parts of preparation. During the trial, your case must be presented effectively and persuasively.
• Post-trial motions and appeals: There are opportunities to challenge the trial outcome with post-trial motions and appeals following the trial.
• Resolution: Whether the resolution occurs through trial or a settlement, this closure allows the parties to move forward.

Barry Law Group: Hire a Trusted Trust Litigation Lawyer

Barry Law Group has dedicated our energy and time to supporting our clients for more than 30 years. We are a leading authority in litigation in the southwestern region of the San Fernando Valley, near the Santa Monica Mountains. Since our inception, our team and our capabilities have grown, but we have remained focused on handling every case with our core values in mind:

• Unmatched dedication: Every interaction with our clients is marked by commitment, integrity, and passion.
• Transparency: The strong relationships we have with our clients have been built and maintained through open and honest communication.
• Top legal strategies: Our knowledgeable team builds your legal strategy to specifically meet your needs.
• Impeccable performance: Our team prioritizes high client satisfaction rates, and we work closely with our clients to foster strong, long-term relationships. Often, our new clients are referrals from existing clients or attorneys who trust our work and stellar reputation within our community.

Trust litigation is often emotionally complex. Retaining the Barry Law Group to step in and assist can help reduce the stress you feel and facilitate a smoother experience.

FAQs

Q: What Are the Steps of Trust Litigation in California?

A: In California, the typical steps of trust litigation are pre-litigation, filing the petition, notice and service of process, discovery, pre-trial hearings and motions, trial preparation and trial, post-trial motions, and resolution. An experienced trust litigation attorney can explain the process and how the case is likely to progress based on your specific situation.

Q: What Are the Reasons for Trust Litigation?

A: There are several potential reasons for trust litigation. Situations that may result in trust litigation include concerns that a loved one lacked the mental capacity to create or amend the trust, disagreements between beneficiaries, and allegations that the trustee has mismanaged assets or failed to act in the beneficiaries’ interests.

Q: Are Trusts Easier to Challenge Than Wills?

A: Trusts are generally more difficult to challenge than wills. Only 13% of Americans reported having a living trust, but they are often considered more secure against challenges than wills. Wills are governed by testamentary law, while trusts are governed by contract law. Wills are created in a single moment and go into effect after the creator’s death, while trusts are managed over a prolonged period.

Q: How Long Does It Take to Resolve Trust Litigation in California?

A: The length of time it takes to resolve trust litigation in California depends on the specific circumstances of the dispute. The complexity of the case, the court’s schedule, and the willingness of the conflicting parties to negotiate can all impact the duration of the proceedings. Some disputes can be resolved in months, while the most complex and contentious can take years to resolve.

Trust Litigation in California

Barry Law Group has decades of experience handling trust disputes in the Golden State, including resolutions through mediation and litigation. If you have concerns about a trust or are a trustee who needs to defend your actions, we can help. Schedule a consultation with our office today to see how.