Trustee fee increase: written notice to beneficiaries at least 60 days before increased fee is charged

60 days before date the increased trustee fee is to take effect, under Cal. Prob. Code 15686(b)-(c).

Rule text

(b) A trustee shall not charge an increased trustee's fee for administration of a particular trust unless the trustee first gives at least 60 days' written notice of that increased fee to all of the following persons: (1) Each beneficiary who is entitled to an account under Section 16062. (2) Each beneficiary who was given the last preceding account. (3) Each beneficiary who has made a written request to the trustee for notice of an increased trustee's fee and has given an address for receiving notice. (c) If a beneficiary files a petition under Section 17200 for review of the increased trustee's fee or for removal of the trustee and serves a copy of the petition on the trustee before the expiration of the 60-day period, the increased trustee's fee does not take effect as to that trust until otherwise ordered by the court or the petition is dismissed.

Cal. Prob. Code 15686(b)-(c), official source

Calculate this deadline

Deadline
Friday, September 4, 2026
  1. Trigger (Date the increased trustee fee is to take effect): Friday, November 6, 2026.
  2. Count back 60 calendar days: Monday, September 7, 2026.
  3. That day is a Labor Day. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Friday, September 4, 2026 (see Cal. Code Civ. Proc. 12c).
Rules applied
Cal. Prob. Code 15686(b)-(c)
(b) A trustee shall not charge an increased trustee's fee for administration of a particular trust unless the trustee first gives at least 60 days' written notice of that increased fee to all of the following persons: (1) Each beneficiary who is entitled to an account under Section 16062. (2) Each beneficiary who was given the last preceding account. (3) Each beneficiary who has made a written request to the trustee for notice of an increased trustee's fee and has given an address for receiving notice. (c) If a beneficiary files a petition under Section 17200 for review of the increased trustee's fee or for removal of the trustee and serves a copy of the petition on the trustee before the expiration of the 60-day period, the increased trustee's fee does not take effect as to that trust until otherwise ordered by the court or the petition is dismissed.
Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10, 17(b)(4), applied to probate proceedings by Prob. Code 1000; Cal. Rules of Court, rule 1.10
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CCP 17(b)(4): "“Month” means a calendar month, unless otherwise expressed." Prob. Code 1000(a): "Except to the extent that this code provides applicable rules, the rules of practice applicable to civil actions, including discovery proceedings and proceedings under Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice in, proceedings under this code."
Official source
  • Counting backward from a hearing or trial, when the day lands on a weekend or holiday we use the earlier court day. The rules do not state the direction expressly; confirm with the court.
  • Beneficiary side: a 17200 petition filed AND served on the trustee within the 60-day period suspends the increase (15686(c)); use trustee_fee_increase_beneficiary_petition_60_days. Amended by Stats. 2017, ch. 319.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date the increased trustee fee is to take effect on Monday, March 15, 2027, personal service: due Thursday, January 14, 2027.

  1. Trigger (Date the increased trustee fee is to take effect): Monday, March 15, 2027.
  2. Count back 60 calendar days: Thursday, January 14, 2027.

Notes

Beneficiary side: a 17200 petition filed AND served on the trustee within the 60-day period suspends the increase (15686(c)); use trustee_fee_increase_beneficiary_petition_60_days. Amended by Stats. 2017, ch. 319.

Related deadlines

All California probate deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.