(a) As used in this section, "trust" has the meaning provided in Section 82 of the Probate Code.
§ 709.010.Debtor's Interest As Beneficiary of Trust
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 10. Other Enforcement Procedures · Last amended 1987 · Last verified July 28, 2026
In one sentenceSection 709.010 lets a creditor reach a debtor's interest as a trust beneficiary only by petitioning the court overseeing the trust's administration under the Probate Code, which may then order a lien, sale, income collection, or transfer of trust property, all subject to the Probate Code's separate limits on enforcing judgments against trust interests.
Full Text of § 709.010
(b) The judgment debtor's interest as a beneficiary of a trust is subject to enforcement of a money judgment only upon petition under this section by a judgment creditor to a court having jurisdiction over administration of the trust as prescribed in Part 5 (commencing with Section 17000) of Division 9 of the Probate Code. The judgment debtor's interest in the trust may be applied to the satisfaction of the money judgment by such means as the court, in its discretion, determines are proper, including but not limited to imposition of a lien on or sale of the judgment debtor's interest, collection of trust income, and liquidation and transfer of trust property by the trustee.
(c) Nothing in this section affects the limitations on the enforcement of a money judgment against the judgment debtor's interest in a trust under Chapter 2 (commencing with Section 15300) of Part 2 of Division 9 of the Probate Code, and the provisions of this section are subject to the limitations of that chapter.
Plain-English Summary
A debtor's interest in a trust is not reached the way ordinary property is. Section 709.010 requires the creditor to petition the court that has jurisdiction over administering the trust, the probate court process described in Probate Code § 17000 and following, rather than using a generic enforcement procedure.
Once that petition is before the right court, the range of remedies is broad: the court can impose a lien on the debtor's interest, order it sold, direct the trustee to collect trust income for the creditor, or have the trustee liquidate and transfer trust property, choosing whatever combination it finds proper.
None of this operates without limits, though. Subdivision (c) makes clear that this section does not disturb the separate protections Probate Code § 15300 and following give to trust interests against creditor enforcement, most notably the protections built into spendthrift trusts. This section's procedure has to work within those limits, not around them.
Frequently Asked Questions
How does a creditor reach a debtor's interest as a trust beneficiary?
By petitioning the court that has jurisdiction over the trust's administration under Probate Code § 17000 and following.
What remedies can the court order once the petition is filed?
A lien on the debtor's interest, sale of that interest, collection of trust income, or liquidation and transfer of trust property, whichever the court finds proper.
Does this section override protections like spendthrift trust provisions?
No. Section 709.010(c) keeps this procedure subject to the separate limitations in Probate Code § 15300 and following.
Amendment History
Amended by Stats. 1986, Ch. 820, Sec. 18. Operative July 1, 1987, by Sec. 43 of Ch. 820.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: creditor trust beneficiary interest californiaenforcing judgment against trust beneficiary