Sister passed and the other sister sibling is refusing to provide will and trust. What can I do?

I’m sorry for your loss. Assuming California law applies, there are steps you can take to obtain the documents, although your rights concerning the will and trust are different.

With respect to the Will, the person holding the original will generally must lodge it with the appropriate superior court after learning of the death. Start by contacting the probate clerk in the county where your sister lived to determine whether a will has been lodged and how to obtain a copy. If someone is withholding the will, the Probate Code allows a petition asking the court to order its production.

With respect to the Trust, when a revocable trust, or a portion of it, becomes irrevocable because of the person’s death, qualifying beneficiaries and the deceased person’s legal heirs are entitled to request a complete copy of the applicable trust terms under Probate Code section 16061.5. An heir can have this right even if excluded from the trust. 

Direct a written request to the acting trustee for the applicable trust documents, including amendments and restatements. If you do not know who the trustee is, ask your surviving sister to identify that person. Keep copies of your requests, proof of delivery, and any refusal. A probate or trust litigation attorney can determine your entitlement and pursue an appropriate court order if disclosure is improperly refused.

Act promptly if you have received a formal “Notification by Trustee.” Under Probate Code section 16061.8, the deadline to contest the trust is generally 120 days after that notification is served, or 60 days after the trust terms are delivered to you during that 120-day period, whichever is later. Do not assume that requesting documents or waiting for your sister to respond extends the deadline.