California Probate Code

§ 16460

PROB § 16460 Effective Jan 1, 1997Div. 9 · Part 4 · Ch. 4 · Art. 4

Statute text

(a)Unless a claim is previously barred by adjudication, consent, limitation, or otherwise:

(1)If a beneficiary has received an interim or final account in writing, or other written report, that adequately discloses the existence of a claim against the trustee for breach of trust, the claim is barred as to that beneficiary unless a proceeding to assert the claim is commenced within three years after receipt of the account or report. An account or report adequately discloses existence of a claim if it provides sufficient information so that the beneficiary knows of the claim or reasonably should have inquired into the existence of the claim.

(2)If an interim or final account in writing or other written report does not adequately disclose the existence of a claim against the trustee for breach of trust or if a beneficiary does not receive any written account or report, the claim is barred as to that beneficiary unless a proceeding to assert the claim is commenced within three years after the beneficiary discovered, or reasonably should have discovered, the subject of the claim.

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Legislative history

Amended by Stats. 1996, Ch. 862, Sec. 40. Effective January 1, 1997.