Do Beneficiaries Have a Right to See the Trust?

When a loved one passes away and you know you’re named in their trust, one of the first questions that comes to mind is whether you can actually see what the trust says. The short answer is yes—in most situations, beneficiaries have the right to see the trust document. But the timing, scope, and enforcement of that right depend on several factors, including the type of trust, your status as a beneficiary, and the laws in your state. The rights of a trust beneficiary depend on the specific type of trust and the terms set out in the trust agreement.

This guide breaks down exactly what rights trust beneficiaries have, when those rights kick in, and what to do if a trustee refuses to cooperate.

Quick Answer: When Can a Beneficiary See the Trust?

Beneficiaries of an irrevocable trust generally do have the right to obtain a copy of the trust document once their interest has vested—typically after the grantor dies. For a living trust signed in 2018 or later that becomes irrevocable upon the grantor’s death, current beneficiaries can request and receive the complete trust instrument from the successor trustee.

While the grantor is alive and competent in a revocable trust, the rules are different. In most states, including California and Michigan, the grantor is not legally required to show the trust document to non-grantor beneficiaries. The grantor retains full control during their lifetime, which includes the right to keep the document private and to change beneficiaries at will.

After the grantor dies and the trust becomes irrevocable, primary beneficiaries almost always gain the right to see the operative trust instrument upon written request. California Probate Code section 16060.7, for example, explicitly requires trustees to provide a copy of the trust terms to beneficiaries who request them.

Remainder or contingent beneficiaries may have more limited rights, depending on state law and the exact wording of the trust. Their access often extends only to portions of the trust that directly affect their potential interests.

If a trustee refuses to provide the trust document despite a valid request, beneficiaries can enforce their rights through the probate or surrogate’s court by filing a petition to compel disclosure. In some cases, a court order may be required to compel the trustee to provide the trust document or to enforce other beneficiary rights.

What Is a Trust and Who Are the Key Players?

Understanding who plays what role helps clarify exactly what rights each party has.

Consider a practical example: in 2015, a parent creates a revocable living trust, naming their eldest daughter as trustee and all three children as beneficiaries. Here’s how each role breaks down:

The Grantor (or Settlor) This is the person who signs the trust agreement and contributes trust assets. For instance, John Smith signs the “John Smith Living Trust” on June 10, 2016, transferring his home and investment accounts into the trust. The grantor establishes the terms of the trust, including who benefits and when.

The Trustee The trustee is the individual or corporate fiduciary—such as a bank or law firm trust department—that holds legal title to the assets and makes decisions consistent with the trust document. The trustee has a fiduciary obligation to manage assets in the best interest of the beneficiaries, not for personal gain.

The Beneficiaries Beneficiaries are the people or charities who hold equitable interests and are entitled to benefit from the trust property. They can be:

• Current beneficiaries: Those entitled to income or distributions right now

• Remainder beneficiaries: Those who receive what’s left after current beneficiaries’ interest ends

• Contingent beneficiaries: Those who only receive distributions if certain conditions are met

The trustee holds legal title to trust property, while beneficiaries hold beneficial or equitable ownership. This distinction matters because the trustee controls day-to-day administration, but the trustee’s entire purpose is to serve the beneficiaries according to the trust’s terms.

The nature and timing of a trust beneficiary’s rights depend heavily on whether the trust is revocable or irrevocable and whether the beneficiary is current or contingent.

Trust Administration: How Trusts Are Managed and Why It Matters

Trust administration is the ongoing process of managing a trust in accordance with its terms and the relevant state laws. When a trust is established, the trust creator (also known as the grantor or settlor) transfers assets—such as real estate, investments, or bank accounts—into the trust. The trustee is then responsible for managing these trust assets for the benefit of the beneficiaries.

During the grantor’s lifetime, if the trust is a revocable trust, the grantor often serves as trustee and retains full control over the trust assets. This means the grantor can amend the trust document, add or remove assets, and change beneficiaries as they see fit. However, once the grantor passes away, the trust typically becomes irrevocable, and the successor trustee must strictly follow the instructions outlined in the trust document.

For beneficiaries, the shift to an irrevocable trust is significant. At this stage, beneficiaries have the right to receive information about the trust, including details about trust assets, distributions, and the overall administration. Trustees are required to keep detailed records of all financial transactions and provide a right to an accounting, ensuring transparency and accountability. If beneficiaries believe the trustee is not acting properly or in their best interest, they have the right to petition the court for removal of the trustee and request a thorough review of the trust’s administration.

Proper trust administration is essential to protect the interests of all beneficiaries. It ensures that the trustee manages the assets responsibly, makes distributions according to the trust’s terms, and fulfills their fiduciary duty to act in the best interest of the beneficiaries. If you are a trust beneficiary, understanding how trust administration works—and knowing your rights—can help you ensure the trust is managed as the grantor intended and that your interests are protected.

Do Beneficiaries of a Revocable Trust Have a Right to See the Trust?

A revocable trust is one the grantor can change or revoke at any time, including altering beneficiaries, trustees, and distribution terms. This flexibility comes with an important trade-off for beneficiaries: very few rights while the grantor is alive.

While the grantor is alive and mentally competent, they typically retain full control and privacy over the trust. In most states, there is no legal requirement for the grantor to show the trust document to other named beneficiaries.

Example: Consider a 2019 revocable trust where a parent names three children as beneficiaries. Two years later, the parent decides to remove one child due to a family dispute and amend the trust accordingly. The removed child had no enforceable right to see the trust while the parent was alive—they couldn’t demand a copy or challenge the amendment during the grantor’s lifetime.

When the grantor also serves as trustee (which is common), they can keep the trust document and all financial transactions confidential from non-grantor beneficiaries. There’s no accounting annually or other disclosure requirement during this period.

One narrow exception exists: if a court finds the grantor incapacitated and a successor trustee takes over, some states may start treating the trust more like an irrevocable trust for notice and information purposes. The successor trustee may then have obligations to keep certain beneficiaries informed.

The critical change happens at the grantor’s death or legal incapacity. When the grantor dies, most revocable trusts become irrevocable, and beneficiary rights to information expand significantly.

Do Beneficiaries of an Irrevocable Trust Have a Right to See the Trust?

An irrevocable trust is one that generally cannot be changed or revoked after signing, except through limited court-approved modifications or, in some states, unanimous beneficiary consent. Once the grantor transfers assets into an irrevocable trust, they’ve given up control—and that shift fundamentally changes how the law protects beneficiaries.

Because the grantor no longer controls the trust, the law focuses more strongly on protecting beneficiaries through rights to information and oversight of the trustee. The trustee’s fiduciary duties become enforceable by beneficiaries in ways that weren’t possible during the grantor’s lifetime.

Named current beneficiaries of an irrevocable trust—for example, an irrevocable life insurance trust signed on March 2, 2014—usually have the right to request and receive a complete copy of the trust document. This right typically includes:

• The original trust instrument

• All operative trust amendments

• Any restatements of the trust

Trustees cannot satisfy this obligation by providing only a summary page or a “certificate of trust” unless state law specifically allows limited disclosure in certain circumstances.

Remainder or contingent beneficiaries—for example, grandchildren who only inherit if their parent dies first—may also have rights to see at least the portions of the trust that affect their interests. The scope varies by jurisdiction.

State laws vary significantly in how they define these rights. California Probate Code and Michigan’s Estates and Protected Individuals Code each have specific provisions, and the trust language itself may expand or modestly limit certain disclosures. Understanding both the applicable state law and the specific trust determine what a beneficiary can access.

Specific Right: Getting a Copy of the Trust Document

Seeing the actual trust document matters for a simple reason: it tells beneficiaries exactly what they are entitled to receive, when they receive it, and what powers the trustee has. Without access to the document, beneficiaries cannot know whether the trust is being properly managed or whether the trustee is acting properly.

After the grantor’s death, most states require the successor trustee of a formerly revocable trust to give each current beneficiary:

1. Notice of the trust’s existence

2. Information about the successor trustee’s identity and contact information

3. Either a full copy of the trust or, at minimum, a copy upon written request

State-specific examples:

The trustee cannot simply refuse to provide the document on grounds of “privacy” when the law grants beneficiaries the right to inspect the governing instrument. California trust beneficiary rights explicitly override trustee preferences for secrecy.

In some circumstances, trustees provide a redacted version that omits information about unrelated beneficiaries. This practice is usually limited and must still allow the requesting beneficiary to understand their own rights fully.

If a trustee fails to provide the trust document after a proper request, the beneficiary can file a petition in the local probate or surrogate’s court. The court can order production of the document and, if necessary, compel an accounting of trust and its administration activities.

Other Key Rights of Trust Beneficiaries

The right to see the trust document is only one of several important protections beneficiaries have under state law. Understanding the five common rights helps beneficiaries know what they can expect—and demand—from a trustee.

Right to Information Beneficiaries of an irrevocable trust generally have the right to be kept reasonably informed about the trust’s administration. This includes asset values, major transactions, and significant trustee decisions. Trustees have an obligation to keep qualified beneficiaries aware of material developments.

Right to an Accounting In most states, current beneficiaries can demand periodic written accountings—often annually—providing a detailed report of:

• Income received

• Expenses paid

• Distributions made

• Investment performance

• Trustee compensation

If a trust leaves income to one beneficiary while preserving principal for remainder beneficiaries, both current and remainder beneficiaries may have accounting rights.

Right to Distributions Qualified or current beneficiaries can enforce the payment or use of trust assets according to the distribution standards in the trust document. If the trust specifies distributions for “health, education, maintenance, and support,” beneficiaries are entitled to receive those distributions when qualified, and they can petition a court if distributions aren’t fulfilled.

Right to Challenge or Remove the Trustee Beneficiaries can ask a court to suspend or remove the trustee if they believe the trustee is:

• Mismanaging assets

• Engaging in self-dealing

• Refusing to communicate

• Otherwise breaching fiduciary duties

In rare cases involving serious misconduct, courts may order removal of the trustee and appoint a replacement.

Right to Seek Modification or Termination In some circumstances, beneficiaries have the right to seek modification or early termination of a trust. This might apply when all adult beneficiaries agree and the trust’s original purpose—such as maintaining a small rental property purchased in 2009—is no longer practical.

Trustee Responsibilities and Removal: What Beneficiaries Should Know

A trustee’s role is central to the effective management of a trust. Whether the trustee is an individual, a bank, or a law firm, they are legally obligated to manage the trust assets in accordance with the trust document and always act in the best interest of the beneficiaries. This includes making timely and appropriate distributions, investing trust assets prudently, and keeping accurate records of all trust activities.

Trustees must also keep beneficiaries informed about the trust and its administration. This means providing regular updates, responding to reasonable requests for information, and ensuring that beneficiaries understand how the trust is being managed. If a trustee fails to fulfill these responsibilities—such as by mismanaging assets, failing to make required distributions, or withholding information—beneficiaries have the right to take action.

One of the most important protections for beneficiaries is the ability to petition the court for removal of the trustee. If you believe the trustee is not acting in your best interest or is not properly managing the trust, you can seek legal assistance from an estate planning attorney to initiate this process. The court will review the trustee’s actions and, if necessary, appoint a new trustee to ensure the trust is administered correctly.

In some cases, a professional trustee—such as a bank or law firm—may be appointed to provide an added layer of oversight and expertise. While this can help ensure the trust is properly managed, beneficiaries should still remain informed and engaged in the administration process. By understanding the trustee’s responsibilities and knowing your rights, you can help safeguard your interests and ensure the trust fulfills its intended purpose.

What If the Trustee Refuses to Provide the Trust Document?

Here’s a common scenario: a parent dies in 2022, and one sibling becomes successor trustee. The other siblings know they’re beneficiaries, but the trustee refuses to show them the trust. What can they do?

Step 1: Send a Written Request Start by sending a dated written request—by certified mail or email with delivery confirmation—asking for:

• A complete copy of the trust instrument and all amendments

• Recent account statements showing trust assets

• Any other documents evidencing administration

Reference specific state statutes if you know them (for example, California Probate Code sections governing beneficiary rights), but a simple, polite written demand is often sufficient to trigger the trustee’s legal obligations.

Step 2: Document Everything Keep copies of all correspondence. Note dates, times, and the content of any phone conversations. This documentation becomes important if you need to petition the court later.

Step 3: Consult an Attorney If the trustee ignores or denies your request, consult a trust and estate attorney. An experienced attorney can:

• Review any partial documents you’ve received

• Explain your state-specific rights

• Send formal demand letters on your behalf

• Prepare a petition to the local probate court compelling disclosure

Step 4: Court Intervention Courts take trustee non-compliance seriously. Judges can:

• Order immediate production of the trust document

• Require a full accounting

• Sanction non-compliant trustees

• Order trustees to pay legal fees personally (not from trust assets)

• Suspend or remove trustees in severe cases

Act Promptly Many states impose deadlines to contest a trust once a copy has been provided. In California, for example, beneficiaries typically have 120 days from receipt of a statutory notice to file certain challenges. Waiting too long could forfeit your rights.

How State Law and Trust Language Affect Beneficiary Rights

There is no single nationwide rule governing beneficiary access to trust documents. Each state’s version of the Uniform Trust Code (UTC) or its own trust statutes controls how and when beneficiaries can see the trust document.

State-by-State Variations

The trust document itself can expand or modestly limit certain rights—for example, allowing less frequent accountings or appointing an “agent for notice” who receives information on behalf of certain beneficiaries. However, the trust usually cannot completely eliminate a beneficiary’s basic right to know the trust’s material terms affecting them.

Timing Matters If a trust was signed many years ago (for example, in 2005) and the grantor died in 2021, both the law in effect at signing and the law at the grantor’s death may be relevant. Courts sometimes must determine which version of state law applies to specific beneficiary rights.

Because these details are technical and jurisdiction-specific, both beneficiaries and trustees often need tailored legal advice rather than relying on generic online summaries. An attorney-client relationship with someone who knows your state’s rules can make a significant difference. The knowledge and expertise of a qualified attorney in trust administration can help beneficiaries ensure their interests are protected and that the trust is managed properly.

When Should a Beneficiary Talk to a Trust and Estate Attorney?

Many trust administrations proceed smoothly, with trustees providing information willingly and making distributions on schedule. But beneficiaries should not ignore red flags such as secrecy, delayed distributions, or inconsistent explanations from the trustee.

Consider consulting an estate planning attorney if:

• The trustee refuses to provide a copy of the trust after the grantor’s death

• The trustee won’t answer basic questions about trust assets

• No accounting has been provided for more than a year

• Distributions that should have been made are consistently delayed without explanation

• You suspect money is being mismanaged or diverted

Watch for signs of undue influence or fraud:

• Late-in-life amendments (for example, a 2020 amendment dramatically changing long-standing distribution plans)

• Changes made when the grantor was experiencing cognitive decline

• A new person suddenly becoming primary beneficiary

• Unusual involvement of the new beneficiary in the amendment process

An experienced trust and estate attorney can review partial documents, explain your rights depends on your specific situation, send formal demand letters, and file petitions in probate court if necessary.

Before meeting with counsel, gather:

• Dates of the trust and any amendments you’re aware of

• The grantor’s death certificate

• Any correspondence from the trustee

• A list of known trust assets (real estate addresses, account numbers, investment holdings)

• Names and contact information for all known beneficiaries

Beneficiaries are not powerless. The law gives you concrete tools—including the right to see the trust document—to ensure the trust is administered fairly and in accordance with the grantor’s written intentions. If you’re facing a trustee who won’t cooperate, take action: document your requests, understand your rights, and don’t hesitate to seek legal help when the situation demands it.

Conclusion and Next Steps for Beneficiaries

In summary, every trust beneficiary should be aware of their rights and the importance of understanding the trust document and the administration process. Whether you are a beneficiary of a revocable or irrevocable trust, knowing your rights—including the right to information, the right to an accounting, and the right to petition for removal of the trustee—can help ensure the trust is properly managed and your interests are protected.

Beneficiaries should take the time to review the terms of the trust, stay informed about the actions of the trustee, and seek guidance from an estate planning attorney if any concerns arise. State laws, such as California trust beneficiary rights, can significantly impact your rights and remedies, so it’s important to be aware of the rules that apply in your jurisdiction.

Ultimately, being proactive and knowledgeable about the trust and its administration is the best way to protect your interests as a trust beneficiary. If you have questions or believe your rights are not being respected, don’t hesitate to consult with an attorney who can help you navigate the complexities of trust law and ensure the trust is managed in your best interest.