When the error does create ambiguity, California has clean ways to resolve it. The simplest is a petition under Prob. Code § 17200, which allows a trustee or beneficiary to bring a matter concerning the internal affairs of the trust to the probate court — including a request for instructions telling the trustee who the beneficiary is. Where the wording needs to be corrected rather than interpreted, a court can reform an instrument to conform it to the settlor's actual intent where clear and convincing evidence shows the terms were affected by a mistake; that is a judge-made doctrine rather than a code section, and it depends on proof. Where the error is not a naming slip but a provision that has become unworkable because of circumstances the settlor did not anticipate, Prob. Code § 15409 permits modification where those circumstances would defeat or substantially impair the trust's purposes. The mistake to avoid is self-help. Do not correct the typo by hand on the original trust, and do not have the trustee sign a memorandum "clarifying" it. That converts a small evidentiary question into a document-integrity fight.

Fixing or Changing a Trust · California
The trust has a typo in a name — does that affect my inheritance?
Usually not. A misspelled name, a maiden name where a married name belonged, a middle initial that is wrong, "my nephew John" where John is really a great-nephew — none of these automatically void a gift. What controls is whether the person the settlor meant can be identified with reasonable certainty from the document and the surrounding circumstances. If the trust leaves a share to "my daughter Katherine Smith" and your name is Kathryn Smyth and you are the only daughter, no reasonable trustee or judge is going to conclude the gift failed. Trouble arises only when the error creates real ambiguity: two nephews with similar names, a stepchild and a biological child who share a first name, a charity whose legal name matches a different organization, or a parcel description that could describe either of two lots. Then the trustee genuinely cannot tell who takes, and the trustee is not allowed to guess.
This page is general information about California law, not legal advice, and does not create an attorney-client relationship. Figures and deadlines change, and every family’s situation is different. Last reviewed August 2026.
Related Questions
The questions this one leads to.
Can a mistake in a trust be fixed after the person who made it has died?
Often, yes. How California courts correct a trust mistake after the settlor dies, and why a funding defect and a drafting defect need different petitions.
Read the answerThe trust says one thing and the will says another — which controls?
Neither overrides the other. A California trust governs trust assets and the will governs what was left in the decedent's name. How the pour-over will fits.
Read the answerHow do I properly amend a revocable trust in California?
Follow your trust's own amendment clause exactly. How to amend or restate a California revocable trust, and the mechanical mistakes that void amendments.
Read the answerNext Step
Ask Robert P. Bergman about your own facts.
The 15-minute Consultation is free. Bring the assessor’s notice, the trust, or just the question, and you will leave knowing which deadline applies to you.
Robert P. Bergman is one of less than 1% of California attorneys certified as a specialist by the State Bar.