Trust Administration

You did not ask for this job. Someone named you trustee — a sign of real trust, and a real weight. California law imposes significant duties on successor trustees, most of them with specific deadlines, most of them unknown to people who have never done this before. We help trustees carry the responsibility without losing the estate in the process.

What California law requires of a trustee

When the person who created a revocable living trust dies, the successor trustee steps in to administer the estate. What comes next is not optional and not simple. Under the California Probate Code, the trustee must, within a defined period:

• Notify all beneficiaries and legal heirs of the trust’s existence and their right to receive a copy (Probate Code § 16061.7)
• Inventory and establish the value of all trust assets
• Identify creditors and handle outstanding debts and expenses
• File any required final income tax returns and, where applicable, an estate tax return
• Prepare a formal accounting for beneficiaries
• Distribute trust assets in accordance with the trust instrument

Each of those steps carries legal obligations. Miss a deadline or make the wrong move and the trustee can be held personally liable — to beneficiaries, to creditors, to the court. This is a position that rewards careful guidance and punishes improvisation.

If you are a trustee

We will walk you through every requirement — what you must do, in what order, on what timeline, and how to document it properly. We can manage the entire process on your behalf, or we can advise while you handle the administrative work yourself. Either way, you will not be guessing, and you will not be exposed.

Most people serve as trustee once in their lives. We do this work regularly. There is no substitute for having someone in your corner who knows where the traps are before you step into them.

If you are a beneficiary

Beneficiaries have real rights under California law — including the right to a complete accounting of trust assets, the right to information about how assets are being managed, and the right to hold a trustee accountable when they are not fulfilling their duties. If you have concerns about how a trust is being administered, we can review the situation and tell you honestly whether there is a problem and what your options are.

What makes trust administration difficult

The legal requirements are manageable when you know them. The harder part is usually the family. Trust administration happens in the weeks and months after someone’s death — when grief is fresh, when relationships are strained, and when long-standing disagreements about money have a way of coming forward. We have handled enough of these situations to know how to move the process forward without making those relationships worse.

The first conversation is always the right place to start. There is no fee for it, and it usually answers the questions that matter most.

Trust Administration in Ventura County

When someone passes away with a living trust, the person named as successor trustee suddenly has a list of legal duties and often no idea where to start. I guide Ventura County trustees through settling the trust step by step, so they meet their obligations and protect themselves from beneficiary claims while honoring their loved one’s wishes.

Trust Administration FAQs

What are a trustee’s duties after the trust maker dies?

A successor trustee must notify beneficiaries and heirs, secure and value the assets, pay the decedent’s debts and taxes, and then distribute what remains according to the trust. California also requires sending a statutory notice to beneficiaries within a set time. The trustee has a legal duty to act in the beneficiaries’ best interest throughout.

Does a trust have to go through probate?

Generally no, which is the main reason people set up trusts. Assets properly held in the trust pass to beneficiaries through trust administration rather than the probate court in Ventura. Probate may still be needed for assets that were left out of the trust, which is where a pour-over will or other tools come in.

How long does trust administration take in California?

Simple trusts can be settled in a few months, but most take roughly six months to a year, and longer if there are tax issues, real estate to sell, or disputes among beneficiaries. The required creditor and notice periods set part of the timeline. Moving efficiently through each step keeps it from dragging out.

Do I need a lawyer to administer a trust?

It’s not legally required, but a trustee is personally liable for mistakes, so many people get guidance to avoid missteps with notices, taxes, and distributions. Even a few hours of legal advice can protect a trustee from a beneficiary claim later. The trust generally pays for reasonable administration costs, not the trustee personally.

Related

See also Probate, Estate Administration, Trust Litigation, Living Trusts. Serving Camarillo, Thousand Oaks, and all of Ventura County.

Written by Eric D. Ridley — Estate Planning Attorney, Law Offices of Eric Ridley. Serving Camarillo, Thousand Oaks, and all of Ventura County since 2010. Learn more about Eric →