Is There a Jury in Probate Trial?
When a trust or estate dispute reaches the courtroom, one of the first questions clients often ask is, “Will there be a jury?” It’s a fair question—especially for those who watch legal dramas or have experience with criminal or civil court. The idea of presenting your case to a group of peers is deeply rooted in the American legal system. But probate court operates very differently.
The answer to whether there’s a jury in a probate trial is: sometimes—but not always. Whether your case is decided by a judge or a jury depends on the type of claim, the relief being sought, and strategic decisions made by the lawyers handling the matter. In many trust and estate cases, the parties don’t even realize a jury trial is possible until they consult with a law firm experienced in probate litigation.
At Trust Law Partners, LLP, we help clients throughout California protect their inheritance, enforce fiduciary duties, and hold wrongdoers accountable. In some cases, that means going to trial—and when the law allows it, we don’t hesitate to demand a jury.
When a jury trial is available in probate court, why it matters, and how it can change the outcome of a case.
Probate court in California handles cases involving estates, trust administration and disputes, will contests, conservatorships and guardianships, and elder abuse when it involves property or influence over an estate. Most of these proceedings are bench trials, meaning the judge alone decides the outcome. This is the default in probate because most issues involve interpreting legal documents or applying the Probate Code to a specific situation. However, that doesn’t mean jury trials are off the table entirely.
California law allows a jury in certain types of probate cases, especially when the dispute involves factual questions rather than just legal interpretation. But it takes a knowledgeable legal team to request it, prepare for it, and use it effectively.
Jury trials are generally available when a party is asserting a civil cause of action that entitles them to one under California law. This includes some—but not all—probate litigation matters. Common examples include financial elder abuse, claims involving ownership or recovery of property, and tort claims against fiduciaries or third parties.
In a financial elder abuse case, someone takes advantage of an elder—defined in California as anyone 65 or older—to obtain money, property, or control over an estate plan. That can give rise to a civil lawsuit, and such cases are often filed in civil court with the right to a jury trial. A jury trial adds pressure on the wrongdoer, increases risk, and introduces a human element into an emotionally charged dispute. Jurors are more likely to empathize with a vulnerable elder and see the injustice clearly.
Disputes over property ownership or recovery often involve claims like conversion or fraud. These are civil claims, and they often entitle the aggrieved party to a jury trial. When paired with probate petitions, these claims can sometimes be separated out and tried in civil court, especially when large sums or valuable property are at stake.
Breach of fiduciary duty by itself is not usually enough to get a jury trial. But when it’s tied to a tort-based claim—such as fraud or intentional infliction of emotional distress—a jury trial may become available. This allows for broader testimony and potentially larger financial recovery.
At the same time, not every probate dispute qualifies. Issues involving the interpretation of a will or trust, the removal of a trustee, or a petition for instructions are almost always resolved by a judge. Even many will contests—such as those based on undue influence or lack of capacity—are resolved through a bench trial unless a specific claim supports a jury demand.
Still, cases can evolve. What begins as a simple petition might uncover facts suggesting fraud or elder abuse. When that happens, it may be possible to amend the case or bring a parallel action that includes a jury demand. That’s why early legal advice is so important.
Why does the right to a jury trial matter?
First, it changes the pressure dynamic. A case headed for a jury trial tends to be riskier for defendants, which can make them more willing to settle or negotiate.
Second, juries allow for more narrative. Judges focus on the law. Juries focus on the people. In cases where someone clearly did something wrong, a jury is more likely to award damages—and, in some cases, punitive damages.
Third, jury trials open the door to different types of legal remedies. In cases involving fraud or elder abuse, a jury can award compensation and punish bad actors. That’s a level of accountability that might not come from a judge alone. Finally, jury trials introduce strategic complexity. They require more preparation, different skills, and often higher costs—but in the right case, they’re well worth it.
Jury trials aren’t always the best choice.
In some cases, a bench trial is more efficient. A good probate judge can fairly and promptly resolve legal disputes. When the key issues are legal interpretation or standard administrative questions, a jury might not add much. But in any case involving intentional wrongdoing, emotional manipulation, or elder exploitation, a jury can change the outcome dramatically.
To preserve your right to a jury trial in California, you have to act early. This usually involves filing a complaint in civil court, formally demanding a jury, and paying jury fees in a timely manner. If those steps are missed, the right to a jury might be waived—even if your claim would otherwise qualify.
Probate court isn’t always what people expect. Many cases are decided by judges. But when the facts support it, and the strategy calls for it, bringing in a jury can shift the power balance. Knowing when—and how—to do that is a key part of effective probate litigation.
At Trust Law Partners, LLP, we specialize in high-stakes trust and estate litigation. We represent beneficiaries, heirs, and excluded family members in cases involving elder abuse, trust mismanagement, and contested inheritances. When the facts support it, we pursue jury trials to maximize leverage and achieve better outcomes for our clients.
Whether your case involves hidden assets, an unfair trust amendment, or a family dispute over control, we can help you evaluate your legal options, preserve your right to a jury trial, and take your case to court if necessary.
For a confidential consultation, call Trust Law Partners, LLP at 833-878-7852.
