If you’re a California resident who has been notified about a trust that affects your inheritance, you may have less time to act than you think. A recent California Court of Appeal decision, Hamilton v. Green, reinforces a strict rule: beneficiaries and heirs have only 120 days to contest a trust after receiving formal notice—and trying to work around this deadline by filing a different type of lawsuit won’t save your claim.
This ruling matters if you’re managing California-based assets, dealing with probate, or worried that a trust amendment might have unfairly disinherited you or your children. Here’s what you need to know to protect your family’s inheritance rights.
Who This Article Is For
This guide is for California residents and anyone managing California trusts who:
If any of these situations apply to you, this case shows why immediate action is critical.
What Is the 120-Day Trust Contest Deadline?
Under California Probate Code Section 16061.8, when a trustee sends you formal notification about a trust (as required by Section 16061.7), a legal clock starts ticking. You have 120 days from the date you receive that notice to file a petition in probate court if you want to contest the trust’s validity.
Once those 120 days pass:
Many people don’t realize how quickly this window closes or how strictly California courts enforce it.
The Hamilton v. Green Case: What Happened
The Original Trust Plan
A California woman (the “Settlor”) created a trust that provided:
The Trust Amendment
Later, the Settlor signed an amendment that changed everything:
What Triggered the Lawsuit
The Settlor’s son died before she did. After the Settlor passed away, the trustee sent formal legal notices to all heirs, including the deceased son’s children (the grandchildren). This notification started the 120-day countdown.
The grandchildren waited until after the 120-day deadline expired. Then, realizing they had missed the window for a traditional trust contest, they filed a civil lawsuit instead, claiming:
They argued these were separate “tort claims” not subject to the 120-day probate deadline.
The Court’s Ruling: The “Practical Effect” Test
The California Court of Appeal rejected this strategy. The court used what’s called the “practical effect” test—they looked beyond the lawsuit’s labels to examine what the case was really about.
The court found that:
Key takeaway: California courts won’t let you bypass the 120-day deadline by renaming your lawsuit. If your claim requires invalidating a trust, it’s a trust contest—period.
Common Questions California Families Ask About Trust Contest Deadlines
How do I know if I’ve received a formal trustee notification?
The notification will typically be a formal letter that includes:
If you receive any legal notice about a trust, treat it seriously and consult an attorney immediately.
What if I suspect fraud or undue influence but don’t have all the evidence yet?
You still need to file within 120 days. You can request discovery (the legal process to obtain evidence) after filing. Waiting to gather evidence on your own will likely cost you your right to challenge the trust.
Can I extend the 120-day deadline?
Generally, no. California courts strictly enforce this deadline. In rare cases, if you never received proper notice, you might have grounds to argue the deadline didn’t start—but these situations are exceptional and require immediate legal help.
What if the trust was changed shortly before the person died?
Last-minute trust amendments are often challenged on grounds of lack of capacity or undue influence. However, even with strong evidence, you must file within 120 days of receiving notice.
Three Critical Actions for California Beneficiaries and Heirs
1. Act Immediately When You Receive Trustee Notification
Don’t ignore legal notices. The 120-day clock starts the moment you’re properly served with notification under Probate Code Section 16061.7. If you have any concerns about the trust’s validity:
2. Understand That Courts Look at Substance, Not Labels
You cannot bypass probate deadlines by:
If your case’s practical effect requires invalidating the trust, California courts will treat it as a trust contest subject to the 120-day rule.
3. Know That Delay Is Fatal to Your Inheritance Rights
If you suspect:
You must investigate and file within the statutory window. Waiting—even for what seem like good reasons—creates an extremely high risk of permanently losing your inheritance rights.
Why California Probate and Trust, PC?
At California Probate and Trust, PC, we understand that trust disputes involve more than just legal deadlines—they involve family relationships, grief, and financial security. Our Sacramento-based team has helped thousands of California families navigate complex trust litigation and probate matters.
We offer:
If you’ve received a trustee notification or have concerns about a trust amendment, don’t wait to seek help.
Get Help Now: Protect Your Inheritance Rights
Contact California Probate and Trust, PC today for a free consultation:
Trust litigation involves complex statutes and unforgiving deadlines. The Hamilton v. Green decision shows that California courts will not grant second chances to those who miss the 120-day window. If you have any doubts about a trust’s validity, contact us immediately to evaluate your case.
Legal Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. The information presented here is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Every legal situation is unique, and you should consult with a qualified California trust litigation attorney to discuss your specific circumstances. Time-sensitive deadlines apply to trust contests in California, and failure to act promptly may result in the permanent loss of your legal rights.
About the Author: Dustin MacFarlane, Esq.
California Licensed Attorney | Estate Planning Specialist
Dustin MacFarlane is the founder of California Probate and Trust, PC, with over 15 years of experience in estate planning, probate administration, and trust law. Licensed by the California State Bar, Dustin has helped thousands of California families protect their assets and plan for the future.
CA Bar License: Active | Practice Areas: Estate Planning, Probate, Trust Administration | Location: Granite Bay, CA