Case No. G063394
The court held that, under both California and Colorado law, a trustee of a revocable inter-vivos trust possesses standing to sue to enforce promissory notes that are trust assets without the need for a Heggstad petition or any probate proceeding, thereby confirming that trustees may pursue claims on trust property without court approval and reinforcing the trust's function as a probate-avoidance device.
Date Filed: August 15, 2025
Case Name: Case No. G063394
Case Number: G063394
Court: California Court of Appeal, Fourth Appellate District, Division Three
The Court holds that a trustee of a revocable inter‑vivos trust has standing to sue to enforce promissory notes that are trust assets, and that no Heggstad petition or probate proceeding is required to obtain court authority to bring the action. By reversing the trial‑court judgment, the decision confirms that under both California and Colorado law a trustee may pursue claims on trust property without court approval, reinforcing the trust’s role as a probate‑avoidance device. This ruling clarifies trustees’ enforcement powers and eliminates the need for additional probate filings when litigating trust‑held debts.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.