Probate Courts Are Courts of Law and Equity – Why That Matters for Your Case
Most people who find themselves involved in a trust or estate dispute have little experience with the probate court system. They know they’ve been wronged—maybe a trustee is refusing to distribute assets, or someone has manipulated a parent into changing their will—but they aren’t sure where to turn or how the legal system works. One of the most important things to understand is that probate courts are courts of both law and equity. That distinction may sound technical, but it can have a major impact on how your case is handled, what the judge can do, and what outcomes are available to you. At Trust Law Partners, LLP, we represent beneficiaries, heirs, and excluded family members in California trust and estate litigation. We regularly appear in probate courts throughout the state, and we understand how the combination of legal rules and equitable discretion can affect the result of a case. Whether you’re trying to recover stolen assets, challenge an unfair trust amendment, or remove a trustee, understanding the dual nature of probate court gives you an advantage.
What Does It Mean That Probate Courts Are Courts of Law and Equity?
To fully appreciate how probate court works, it helps to understand the history behind the distinction. A court of law traditionally decides cases based on strict application of legal rules. If someone violates a statute or breaches a duty, the court determines fault and awards a remedy—usually money. Legal remedies are based on what the law says should happen. A court of equity, by contrast, is focused on fairness. It was developed to address situations where strict legal rules couldn’t provide adequate relief. Equity allows judges to use discretion, consider conduct and intent, and craft remedies tailored to the facts of the case. This might include issuing injunctions, compelling someone to act, or undoing transactions that were tainted by fraud or coercion. Probate courts combine both. They follow legal procedures and apply statutes, but they also have broad equitable powers to ensure justice is done—especially in situations where someone has abused a position of trust or where legal rules alone don’t resolve the conflict.Why the Dual Role Matters in Trust and Estate Disputes
Most people involved in probate litigation aren’t simply looking for financial compensation. They want fairness. They want a trustee who has been abusing their power to be removed. They want their rightful share of an estate that was promised to them. They want to stop a family member from hiding assets or manipulating the process. These aren’t abstract legal questions—they’re deeply personal. That’s where the equity side of probate court becomes essential.
Example: Trustee Misconduct
Imagine a family trust created by a parent who has since passed away. The trust names one child as trustee and requires that all siblings receive equal shares. But after the parent dies, the trustee starts dragging their feet. They delay accountings, withhold documents, and make questionable decisions—like selling the family home to a friend at a discount. In a purely legal setting, you might have to prove monetary harm and sue for damages. But in probate court, the judge can step in based on equitable authority. That means the court can:
- Order the trustee to provide an accounting
- Freeze assets to prevent further harm
- Remove the trustee for breaching fiduciary duties
- Appoint a neutral third party to manage the trust
- Require repayment of any misused funds
This flexibility exists because probate courts aren’t limited to issuing judgments—they can fashion remedies that restore fairness and stop ongoing misconduct.
How Equity Influences Common Probate Disputes
There are many ways equity plays a role in probate matters. Below are a few key examples of how courts apply equitable principles to trust and estate cases:
Undoing Undue Influence
When a vulnerable person is pressured into changing their will or trust, the issue isn’t just whether the documents are legally valid. It’s about fairness. Was the change the result of free will, or was it the product of manipulation? A probate judge can invalidate a trust amendment or will if it was procured through undue influence. That’s an equitable remedy. It doesn’t rely solely on legal formalities—it asks whether the result was fair, given the relationship between the parties and the surrounding circumstances.
Imposing Constructive Trusts
Sometimes property is wrongfully transferred—either through fraud, mistake, or coercion—and the law doesn’t provide a clear path to recover it. In these situations, probate courts can impose a constructive trust, essentially treating someone as a trustee of property they don’t legally own but are unfairly holding. This allows the court to require that person to return the property to the rightful beneficiaries, even if the title or documentation appears valid on its face.
Removing Fiduciaries for Breach of Duty
Fiduciaries like trustees and executors have a legal obligation to act in the best interests of beneficiaries. But probate judges are not limited to waiting for financial damage to occur. They can act proactively, removing fiduciaries based on patterns of misconduct, failure to communicate, or conflicts of interest—even before a dollar is lost. That’s an equitable function: protecting trust and estate assets by removing unfit individuals and putting neutral professionals in place.
Legal Standards Still Apply
While probate courts have broad equitable authority, that doesn’t mean anything goes. Litigants must still meet specific legal standards. Petitions must be properly filed, notice must be given, and evidence must support the requested relief. The court won’t grant an equitable remedy simply because something “feels unfair.” It must be based on facts and law. In practice, this means beneficiaries who want to stop a trustee, reverse a property transfer, or challenge a trust amendment must build a solid case. That involves gathering financial records, witness testimony, communications, and expert opinions if needed. At Trust Law Partners, we guide clients through this process to ensure they’re not only making a strong emotional appeal—but also a compelling legal one.
Equity Also Means Discretion
Because probate courts are courts of equity, judges have significant discretion. That can be both an opportunity and a challenge. On the one hand, it means the judge isn’t locked into rigid outcomes. They can tailor their rulings to the facts. On the other hand, it means results can vary depending on the court, the judge’s experience, and how well the case is presented. This is why choosing a firm that regularly litigates in probate court matters. A good probate litigator doesn’t just know the law—they know how to present a case in a way that resonates with the court, highlights the equities, and makes a compelling case for intervention.
What to Expect in a Probate Courtroom
If you’re heading into probate litigation, it’s important to understand how different the process is from other types of civil litigation. Most cases are handled through written petitions, declarations, and evidence presented to the judge, not a jury. Hearings are often brief, and many cases are resolved through negotiated settlements or stipulations before a full trial ever happens. But when disputes escalate—such as in contested accountings, will contests, or elder abuse cases—probate court becomes a forum where equitable powers are in full effect. Judges will issue orders compelling action, freezing assets, or unwinding transactions to achieve fairness. Knowing how to frame your dispute in terms of both law and equity is essential. Some lawyers focus only on the technical side—statutory deadlines, document defects, or procedural errors. At Trust Law Partners, our experienced probate lawyers combine technical precision with strategic storytelling to help the court understand why the outcome matters and why fairness requires action.
How Trust Law Partners Can Help
Probate disputes often involve more than legal interpretation. They involve family dynamics, broken promises, and questions of right and wrong. That’s why working with a firm that understands both the law and the equitable powers of the court is critical. At Trust Law Partners, LLP, we focus exclusively on trust and estate litigation. We don’t write wills or administer trusts—we litigate them. That means we’re in probate court regularly, representing beneficiaries who are being mistreated, frozen out, or taken advantage of. We use every legal and equitable tool available to protect our clients’ interests and restore fairness. If you’re facing a dispute over a will, trust, or estate—and you’re not sure where to turn—call us. We’ll explain your options, evaluate the strength of your case, and help you decide the best path forward. For a confidential consultation, contact Trust Law Partners, LLP at 833-878-7852.
