What is a Trust Proceeding?

A “trust proceeding” means an action or proceeding in court concerning a trust. In California, most trusts do not need court supervision and never come before a judge unless there is a problem. Many trusts never wind up in front of a judge. Indeed, one of the reasons for having a trust is to avoid the court process.

But occasionally trusts do need help from the courts. Common trust proceedings include such things as requests for judicial decision when there are conflicting choices to be made, requests for approval of disputed actions, demands for an accounting, and claims that the trustee has violated the trustee’s duties or the terms of the trust. A trust proceeding can be started by the trustee or by a beneficiary or other legally recognized interested person, depending upon the type of relief being requested. Once the proceeding has concluded, the trust is usually released from court supervision and does not return to the courts unless another situation arises needing judicial intervention.

About Helene P. Dreyer Koch

Estate Planning Attorney (Wills, Trusts, Probate) Indian Wells, California * 760.360.2400
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