In brief: In California, a no-contest clause is enforced only in limited situations, most importantly against a direct contest brought without probable cause (Probate Code § 21311). A beneficiary with a reasonable, evidence-based challenge usually does not forfeit an inheritance by bringing it. Hackard Law handles these cases on contingency: no fee and no costs if there is no recovery, unless your written agreement provides otherwise.
By Michael Hackard, California trust and estate litigation attorney. Last reviewed October 26, 2026. Updated November 3, 2026.
Many carefully drafted San Marino trusts include a warning: anyone who contests this trust gets nothing. Beneficiaries read it and freeze. Often that is exactly what the person who arranged the change intended. California law is less forgiving of these clauses than most families think.
James de Barth Shorb named his estate in 1878 for his Maryland birthplace, itself named for the European republic. Henry Huntington bought the Shorb estate in 1903, and the city incorporated in 1913. Henry and Arabella Huntington established The Huntington Library in 1919.
For trusts and wills that became irrevocable on or after January 1, 2001, a no-contest clause can be enforced only against a direct contest brought without probable cause, and, if the clause expressly says so, a challenge to a transfer on the ground that the transferor did not own the property, or a creditor’s claim (Probate Code §§ 21311, 21315).
Probable cause exists if, when the contest is filed, the facts known to the contestant would make a reasonable person believe there is a reasonable likelihood the relief will be granted after further investigation or discovery. Many claims are not direct contests at all: a petition for an accounting, to remove a trustee, or to recover property is usually not a contest of the trust’s validity.
Source: U.S. Census Bureau, 2020 Census, 2025 population estimates, and American Community Survey 2020–2024.
Trust and probate cases for San Marino are heard in the probate departments of Los Angeles County Superior Court, Stanley Mosk Courthouse, 111 North Hill Street, Los Angeles, California 90012, approximately 12 driving miles from San Marino. Actual distance varies by starting point and route. Hackard Law’s office is in Sacramento County. The firm handles matters in Los Angeles County Superior Court and throughout California.
Hackard Law represents families on a contingency basis. The fee is a percentage of the recovery, stated in a written agreement before work begins. The firm advances the costs of the case, which are repaid from the recovery. If there is no recovery, you owe no fee and no costs, unless your written agreement provides otherwise.
Not necessarily. California enforces a no-contest clause against a direct contest only if it was brought without probable cause (Probate Code § 21311). A beneficiary with a reasonable, evidence-based challenge usually does not forfeit an inheritance by bringing it.
Probable cause exists if, when the contest is filed, the facts known to the contestant would cause a reasonable person to believe there is a reasonable likelihood the requested relief will be granted after an opportunity for investigation and discovery (Probate Code § 21311(b)).
Generally no. A no-contest clause is enforced against a direct contest of the instrument’s validity brought without probable cause, and in two other narrow situations the clause must spell out (Probate Code § 21311). Requests for information or an accounting are not direct contests.
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