Estate and trust disputes are probate court proceedings involving conflicts over wills, trusts, fiduciary conduct, beneficiary rights, and the administration and distribution of assets after a death (or during a lifetime trust administration). These disputes often arise when a trustee or executor refuses to provide information, accountings are missing or unreliable, distributions are delayed, assets appear to be misused, or a late-life plan change creates suspicion of undue influence. At Westlake Law Group, we represent beneficiaries, heirs, trustees, executors, conservatees, and families throughout Westlake Village, Thousand Oaks, Calabasas, Ventura County, and Los Angeles County in estate and trust litigation.

Because probate disputes are deadline-sensitive and evidence-driven, early review of statutory notices, financial records, and the governing documents can be critical. If you need help with an estate or trust dispute, call (818) 444-2022 to schedule a confidential consultation.

What Counts as an Estate or Trust Dispute?

An “estate dispute” typically involves a probate estate opened in court (for example, a will admitted to probate or an intestate estate). A “trust dispute” typically involves a trust proceeding focused on administration, construction, contests, or fiduciary remedies.

California's Probate Code provides the statutory framework for both probate estates and trusts. Official statutes are available at:
https://leginfo.legislature.ca.gov

Common Types of Estate and Trust Disputes

Estate and trust litigation commonly includes:

  • Will contests and trust contests (capacity, undue influence, improper execution)
  • Construction and interpretation disputes (what the document means and how to apply it)
  • Beneficiary rights disputes (information, accountings, distributions)
  • Fiduciary breach of duty claims (trustee, executor, conservator misconduct)
  • Removal or suspension of fiduciaries
  • Accounting objections and surcharge claims
  • Recovery of wrongfully taken property
  • Disputes over real estate sales, valuations, and allocation of expenses
  • Heirship disputes in intestate estates

Trust Administration Petitions and “Internal Affairs” Jurisdiction

Many trust disputes are brought through petitions concerning the internal affairs of a trust. Probate Code section 17200 authorizes a wide range of trust petitions, including petitions to determine beneficiary rights, compel actions, construe the trust, approve accountings, and address trustee conduct:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=17200

Beneficiary Information Rights and Accountings

A large percentage of disputes begin with a lack of transparency. California law imposes duties on trustees to keep beneficiaries reasonably informed and to provide information needed to protect beneficiary interests.

A key statutory duty to keep beneficiaries reasonably informed is in Probate Code section 16060:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16060

The baseline duty to account is in Probate Code section 16062:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16062

When accountings are missing or disputed, cases often expand into forensic review of bank records, real estate transactions, reimbursements, and fees.

Trustee, Executor, and Conservator Breach of Fiduciary Duty

Estate and trust disputes frequently involve allegations that a fiduciary acted improperly. Trustee duties include the duty to administer according to the trust (section 16000), duty of loyalty (section 16002), and duty of prudent administration (section 16040):

For personal representatives (executors/administrators), estate management duties and standards are addressed in Probate Code section 9600:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=9600

For conservators, Probate Code section 2401 identifies fiduciary character and responsibilities:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=2401

When a fiduciary breach is proven in a trust matter, Probate Code section 16420 lists available remedies for breach of trust:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16420

Removal of Trustees and Court Intervention

When ongoing administration creates risk of loss or a conflict of interest, beneficiaries may seek removal of the trustee. Probate Code section 15642 addresses trustee removal procedures and grounds:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=15642

In contested cases, parties may also seek interim orders to preserve assets, restrict transfers, or appoint a neutral fiduciary while the dispute is litigated.

Recovery of Wrongfully Taken Property

Many disputes involve allegations that property was taken from a trust, estate, or conservatorship through improper transfers, misuse of authority, or fraud. Probate Code section 850 is commonly used for petitions seeking orders regarding title to property and recovery of property:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=850

In certain cases involving wrongful taking, Probate Code section 859 provides enhanced remedies:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=859

Will and Trust Contests: Capacity, Undue Influence, and Execution

Disputes frequently arise after late-life amendments, caregiver involvement, or sudden disinheritance. Statutory capacity for wills is addressed in Probate Code section 6100.5:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6100.5

Will execution requirements are addressed in Probate Code section 6110:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6110

California also has disqualified transfer provisions in Probate Code sections 21380–21392, which can be relevant when a drafter or certain other persons receive gifts under an instrument:
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=11.&part=3.&lawCode=PROB

Construction and Interpretation Disputes

Not all cases challenge validity. Many disputes involve interpretation of ambiguous language, conflicting amendments, unclear distribution terms, or survivorship requirements. California's construction statutes for wills and related instruments appear in Probate Code sections 21101–21122:
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=11.&part=1.&chapter=2.&lawCode=PROB

Notice Issues and Deadlines After Death

In post-death trust administrations, trustees are often required to serve statutory notice. Probate Code section 16061.7 addresses notification by trustee:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16061.7

When properly served, limitation periods for certain trust actions may be triggered. Probate Code section 16061.8 addresses the limitation period tied to the trustee's notice:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16061.8

Because notice and timing can affect available claims, reviewing served documents early is often critical.

Probate Court Procedure, Rules, and Forms

Estate and trust disputes are handled in the Probate Division and are governed by the Probate Code and the California Rules of Court:
https://www.courts.ca.gov/rules.htm

Judicial Council forms and statewide forms access are here:
https://www.courts.ca.gov/forms.htm

Ventura and Los Angeles County Proceedings

Westlake Law Group represents clients in estate and trust disputes in:

Ventura County Superior Court – Probate Division
https://ventura.courts.ca.gov/divisions/probate

Los Angeles County Superior Court – Probate Division
https://www.lacourt.ca.gov/courthouse/mode/division/probate

Representative Matters

While every case is unique, Westlake Law Group frequently assists clients with:

  • Petitions to compel accountings, produce records, and enforce beneficiary rights
  • Challenges to trustee or executor reimbursements, fees, and insider transactions
  • Disputes over real estate management and sales, including valuation and allocation issues
  • Will contests and trust contests involving capacity and undue influence allegations
  • Removal or suspension of trustees and requests for neutral fiduciary appointment
  • Recovery actions for assets transferred out of trusts/estates without authority
  • Resolution of distribution disputes involving ambiguous trust language or conflicting amendments

Frequently Asked Questions

What court hears estate and trust disputes in California?
Most estate and trust disputes are heard in the Probate Division of the Superior Court. Procedure is governed by the Probate Code and California Rules of Court:
https://www.courts.ca.gov/rules.htm

How can a beneficiary force a trustee to provide information or an accounting?
Beneficiaries often rely on statutory duties such as Probate Code sections 16060 and 16062 and may petition under section 17200:

What if someone wrongfully took trust or estate property?
A Probate Code section 850 petition is commonly used to seek recovery of property or resolve title issues, and section 859 may provide enhanced remedies in qualifying cases:

Schedule a Confidential Consultation

Estate and trust disputes are evidence-driven and often involve strict procedural requirements and statutory deadlines. If you are a beneficiary, heir, trustee, executor, or conservatee dealing with an estate or trust dispute in Ventura County or Los Angeles County, call Westlake Law Group at (818) 444-2022 to schedule a confidential consultation.

Our office is located at 30699 Russell Ranch Road, North Building, Suite 210, Westlake Village, California. Virtual consultations are available throughout Southern California.