Probate Code Section 16061.7 Notice: Definition and How It Works in California

By Eric Ridley, attorney, Ridley Law. Updated September 2026.

A Probate Code Section 16061.7 Notice is the formal notice a trustee must send to a trust’s beneficiaries and heirs when the trust becomes irrevocable, usually at the settlor’s death. Sending it starts the clock on the deadline to contest the trust.

How it works in California

If you received a trust notice under Probate Code section 16061.7, the trustee sent it because Prob. Code, § 16061.7 requires notice to every beneficiary and every heir of the settlor within a set time after the trust becomes irrevocable. The notice has to identify the trustee, give an address for requesting a copy of the trust terms, and state that the recipient is entitled to a copy on request.

The notice also has to disclose the deadline to contest the trust. Under Prob. Code, § 16061.8, that deadline is 120 days from the date the notice is served, or 60 days from the date the trustee delivers a copy of the trust terms to a person who requested them, whichever is later.

Why it matters

Once the deadline passes, a beneficiary or heir who wanted to challenge the trust, for example on the theory that a late amendment was the product of undue influence, generally loses the right to bring that contest at all. The notice is what starts that clock running, so the date it was served matters as much as what it says.

Common mistakes

People assume the notice itself includes a full copy of the trust; it usually doesn’t, and you’re entitled to request one, then track the second deadline that starts once you receive it. Others calculate only the 120-day period and miss that requesting the trust terms can push the deadline to a later date under the 60-day rule. And some beneficiaries wait to see how the estate administration unfolds before deciding whether to contest, which can burn through the window before they’ve made a decision.

Related terms

• Beneficiary: the notice is sent to beneficiaries and heirs, and it is part of what beneficiaries are entitled to under California law.
• Trust Administration: sending this notice is one of the first required steps once trust administration begins.
• Trustee Accounting: separate from the trustee’s ongoing duty to account, but both come from the same duty to keep beneficiaries informed.

Part of the California estate planning glossary. For the full treatment, see You Received a Trust Notice Under Probate Code § 16061.7: Your Deadlines.