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Agoura Hills Estate Planning, Probate & Trust Attorneys

What information must a §16061.7 notice contain?

Providing Peace of Mind One Estate Plan at A Time

When the Trustee of a Trust is required to send a §16061.7 Notice (also called "Notification by Trustee"), according to California Probate Code §16061.7(g), it must include 5 things:

  1. The identity of the settlor(s) of the trust and the date of execution of the trust instrument.
  2. The name, mailing address and telephone number of each trustee of the trust.
  3. The address of the physical location where the principal place of administration of the trust is located, pursuant to [CA Probate Code] Section 17002.
  4. Any additional information that may be expressly required by the terms of the trust instrument.
  5. A notification that the recipient is entitled, upon reasonable request to the trustee, to receive from the trustee a true and complete copy of the terms of the trust.

§16061.7(h) adds a 6th requirement some cases:

"[i]f the Notification by Trustee is served because a revocable trust or any portion of it has become irrevocable because of the death of one or more settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust, the notification by the trustee shall also include a warning, set out in a separate paragraph in not less than 10-point boldface type, or a reasonable equivalent thereof, that states as follows:

"You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you or 60 days from the date on which a copy of the terms of the trust is mailed or personally delivered to you during that 120-day period, whichever is later."

If you received a §16061.7 Notice, it's probably because you are a Trust beneficiary, a potential heir, a disinherited heir, a potential creditor, or an interested party. In such case, we recommend you act quickly to find a lawyer to help explain it to you, and protect your rights.

Still have questions? Call us (818.707.8200) for a consultation today.

[For information only; may NOT be relied upon as legal advice.]