Dunlap v. Mayer

April 23, 2021 Case No. D077561

Date Filed: April 23, 2021 Case Number: D077561 Court: California Court of Appeal, Fourth Appellate District, Division One The Court holds that a California probate court may not summarily dismiss a petition for a trust accounting on the basis of the pleadings alone when factual disputes exist; the dismissal must be preceded by proper notice and an evidentiary hearing under Probate Code section 17202, 17206, and section 1042. By reversing the trial court’s order and remanding for further proceedings, the decision underscores that executors and beneficiaries retain standing to seek accountings and that courts must observe statutory procedural safeguards before disposing of trust-administration actions.

This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website .