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HomeProbate CodeDiv. 3Pt. 3Ch. 1§ 1304 Trust Order Appeals

§ 1304 Trust Order Appeals

Probate Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1304 Trust Order Appeals

This law says you can appeal most final court orders that deal with a trust, but you cannot appeal orders that just make a trustee give a report or resign.

Key Takeaways

  • •You can appeal final orders from certain trust‑related chapters (Chapter 3 of Part 5, Division 9; Chapter 2 of Part 8, Division 9; Chapters 1‑2 of Division 10).
  • •You cannot appeal orders that only force a trustee or trust director to give an account/report or to accept their resignation.
  • •You can also appeal decisions about whether something counts as a contest under the old Chapter 2 of Part 3, Division 11.

Example

A court tells a trustee to sell a piece of land that belongs to the trust.

Because that is a final order about the trust, the trustee (or anyone interested) can ask a higher court to review it. If the court only ordered the trustee to hand over a financial report, that order could not be appealed.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1304 Trust Order Appeals

With respect to a trust, the grant or denial of the following orders is appealable: (a) Any final order under Chapter 3 (commencing with Section 17200) of Part 5 of Division 9, except the following: (1) Compelling the trustee or trust director to submit an account or report acts as trustee or trust director, respectively. (2) Accepting the resignation of the trustee or trust director. (b) Any final order under Chapter 2 (commencing with Section 19020) of Part 8 of Division 9. (c) Any final order under Chapter 1 (commencing with Section 20100) and Chapter 2 (commencing with Section 20200) of Division 10. (d) Determining whether an action constitutes a contest under former Chapter 2 (commencing with Section 21320) of Part 3 of Division 11, as that chapter read prior to its repeal by Chapter 174 of the Statutes of 2008. (Amended by Stats. 2023, Ch. 721, Sec. 2. (SB 801) Effective January 1, 2024.)

Last verified: January 11, 2026

Key Terms

final ordertrustappealabletrusteetrust director

Related Statutes

  • § 1204 Fiduciary Notice Waiver Rules
  • § 1208 Trust Beneficiary Notice Requirements
  • § 1301.5 Conservatorship Expense Appeals
  • § 1501 Minor Property Guardian Nomination
  • § 267 Property Interest Definition

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 1304.
View Official Source