How Long Does a Trust Dispute Take to Resolve?

There's no standard length for a trust dispute. Cases that settle or go to mediation can end far sooner than ones that go to trial. What drives the timeline: whether the parties negotiate, how much discovery is needed, whether assets must be valued by experts, how many beneficiaries disagree, and how crowded the court's calendar is. Deadlines to start a claim can be short, so talk to a trust litigation attorney promptly. This is general information, not legal advice.

What affects how long a trust dispute takes

• Whether the parties negotiate. Many disputes are resolved through direct negotiation or private mediation instead of a trial.
• Discovery. Depositions, subpoenas, document requests and expert testimony all add time.
• Valuation questions. Disagreements over what trust assets are worth may need competing expert valuations.
• How many people are involved. Multiple beneficiaries with conflicting interests make settlement harder.
• The court's calendar. Scheduling depends on the court and county where the case is filed.
• Records and cooperation. Clear documentation, a cooperative trustee and straightforward legal questions tend to shorten the process.

How long a case takes is a different question from how long you have to start one. Some of those deadlines are short.

Deadlines to start a claim: Florida as an example

Florida's Trust Code shows how short some deadlines can be. These rules apply to Florida trusts; other states differ.

• Contesting a revocable trust (Fla. Stat. § 736.0604). An action to contest the validity of a trust that was revocable at the settlor's death is barred if it isn't started within the earlier of the time allowed under chapter 95 of the Florida Statutes or six months after the trustee sent the person a copy of the trust instrument and a notice of the trust's existence, the trustee's name and address, and the time allowed for starting a proceeding.
• Claims against a trustee for breach of trust (Fla. Stat. § 736.1008(2)). A claim about a matter that was adequately disclosed in a trust disclosure document is barred unless a proceeding is started within six months after the beneficiary receives that document, or a limitation notice that applies to it, whichever is received later. Other claims follow chapter 95 and the rest of § 736.1008.
• How a case starts (Fla. Stat. § 736.0201). Judicial proceedings concerning trusts generally start with a complaint and are governed by the Florida Rules of Civil Procedure. The court can be asked, among other things, to determine whether a trust is valid, appoint or remove a trustee, review trustees' fees, and review and settle accounts.

Other states set different deadlines and procedures. Check your state's law and speak with a licensed attorney.

What about cost?

Legal fees depend on the case, the court and the fee agreement, so there's no reliable typical figure. Some states let a court award attorney fees from the trust in certain circumstances; whether that is possible depends on state law. Ask any attorney for a written fee agreement.

Related trust litigation answers

• Trust & Estate Litigation questions
• Can a Trustee Be Removed?
• What Is Trust Accounting?
• What Is Breach of Fiduciary Duty?
• What Is a Contested Estate?
• What Is a Will Contest?
• What Is a No-Contest Clause?
• What Is Undue Influence?
• Can a Trust Be Modified After It Is Created?
• What Happens to a Trust After Death?
• What Is a Trust Protector?

Find a trust litigation attorney

• Find a Lawyer
• Estate & Trust attorneys
• Richard Scott Van Dyke — Van Dyke & Associates, APLC, San Diego, CA; his profile says that since 1998 his practice has been limited to litigation, trial and appeals of contested probate matters, including will and trust contests, trustee removal, contested accounting actions and breach of fiduciary duty claims

This article is general information, not legal advice, and doesn't create an attorney-client relationship. Talk to a licensed attorney in your state about your situation.