How to Compel a Trustee to Perform Their Duties in California: Legal Steps and Remedies

When a loved one creates a trust, they expect the trustee to carry out their wishes and manage the trust responsibly. Unfortunately, not all trustees meet those expectations. If you’re a beneficiary dealing with a trustee who is unresponsive, secretive, or not fulfilling their duties, you may have legal grounds to compel action.

This article explains how trustees can be held accountable under California law and what beneficiaries can do when a trustee is failing to perform.

Trustee Responsibilities Under California Law

Trustees are fiduciaries, meaning they must act in the best interests of the beneficiaries. Under California Probate Code, a trustee’s duties include:

• Administering the trust according to its terms

• Keeping beneficiaries informed

• Providing timely accounting

• Acting with loyalty, impartiality, and prudence

• Avoiding self-dealing or conflicts of interest

When a trustee ignores these obligations, beneficiaries have legal options.

Signs That a Trustee May Be Failing

It’s not uncommon for family members to serve as trustees, but even well-meaning individuals can fall short. Red flags include:

• Lack of communication or refusal to answer questions

• Failure to distribute assets as required by the trust

• Missing or delayed accounting

• Conflicts of interest, including using trust property for personal gain

• Unexplained losses or mismanagement of trust assets

If you’re encountering any of these issues, it may be time to act.

Legal Options to Compel a Trustee to Act

California Probate Code §17200 allows beneficiaries to petition the probate court for relief when a trustee fails in their duties. Common remedies include:

• Petition for Accounting: If the trustee hasn’t provided proper accounting, the court can order them to do so.

• Petition to Compel Distribution: If the trustee is withholding rightful distributions, beneficiaries can ask the court to force distribution.

• Petition to Remove the Trustee: In serious cases, such as misappropriation or incompetence, the court may remove the trustee entirely.

• Petition for Surcharge: If the trustee caused financial harm to the trust, the court can order them to repay the trust.

These actions are typically filed in the California Probate Court with the assistance of a qualified attorney.

Before You File: Steps to Take

You may be able to resolve problems without going to court. Consider:

• Sending a written demand requesting specific action within a reasonable time

• Meeting with the trustee (or their attorney) to clarify expectations and responsibilities

• Consulting with a probate attorney to assess the situation and determine if court action is justified

Litigation can be costly and stressful, so it’s wise to try informal resolution first—unless the trustee’s behavior is clearly harmful or in bad faith.

When to Involve a Probate Attorney

If your requests are being ignored or if the trust involves substantial or complex assets, it’s time to involve legal counsel. An attorney can:

• Help you gather documentation and evaluate the trustee’s performance

• Prepare and file petitions with the probate court

• Represent you in hearings or settlement discussions

• Protect your rights as a beneficiary

Final Thoughts

Trustees hold a position of great responsibility, and with that comes accountability. If a trustee isn’t doing their job, California law gives beneficiaries tools to compel action, enforce transparency, and protect the trust’s assets.

Dealing With a Difficult Trustee?

At Moravec Varga & Mooney, we’ve helped beneficiaries across California assert their rights when trustees fail to act. Whether you need help compelling action or removing a trustee entirely, we’re here to provide experienced, strategic legal support.

📞 Contact us today to schedule a consultation.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.