The Successor Trustee’s First 90 Days
For New Successor Trustees · Free PDF Guide
Someone trusted you with this job, and it's a real one. You're a fiduciary now, which means the beneficiaries can hold you personally responsible. Here's what that means, what comes due, and how to do it without losing sleep.
A quick, plain-English read. No legalese, and nothing to buy.
From Ridley Law · Eric Ridley · Estate planning, trust administration, and probate
Just became successor trustee? The checklist covers your first 90 days: notifications, accountings, distributions, and what triggers personal liability.
What’s inside the guide
- The notices a new trustee is legally required to send, and who has to receive them
- The deadlines that come due in the opening months, laid out in the order they land
- The first practical moves to make once you’re named trustee, before anything else
- What “fiduciary” actually means once you accept the job, and where personal liability comes from
- How to structure the first 90 days so nothing gets missed while the estate settles
How soon does a successor trustee have to notify beneficiaries?
When a revocable trust becomes irrevocable, which typically happens at the grantor’s death, the trustee must send formal notice to all beneficiaries and legal heirs within 60 days. That notice, required under Probate Code § 16061.7, starts a 120-day window during which anyone entitled to contest the trust can do so, which is why getting it out correctly and on time matters from the first week.
Is there a hard deadline to finish administering a trust?
No. California sets no fixed statutory deadline for distributing trust assets, only a duty under Probate Code § 16000 to administer the trust according to its terms and within a reasonable time. As a practical matter, uncontested trust administrations commonly run about 6 to 18 months, though the right pace depends on the assets, the tax filings, and the beneficiaries involved.
Can a successor trustee actually be held personally responsible?
Yes. A trustee is a fiduciary who may not use trust property for personal benefit under Probate Code § 16004, and who owes beneficiaries duties that include regular accountings under Probate Code §§ 16060 through 16063. If a beneficiary believes those duties aren’t being met, they can petition the probate court under Probate Code § 17200 to compel an accounting, instruct the trustee, or, in serious cases, remove the trustee.
For the fuller picture of what trust administration involves start to finish, see our trust administration page.
Want a straight read on where you stand?
Talk to Eric. A free 30-minute call, no pitch. He’ll tell you where you’re exposed, what it would cost to fix, and what you can skip.
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