When a loved one passes away with a trust in place, the legal process known as trust administration begins. While many people believe that having a trust avoids all complexity, the reality is that trust administration in California involves strict legal requirements, deadlines, and fiduciary duties that can be overwhelming—especially during a time of grief.
At our firm, we regularly help successor trustees and families throughout California navigate trust administration efficiently, lawfully, and with confidence. Our goal is to reduce stress, prevent mistakes, and ensure that the trust is administered exactly as the grantor intended.
Why Trust Administration Is Often More Complex Than Expected
Many estate planning attorneys focus primarily on drafting the trust document but spend little time explaining what happens after death. This can be problematic. In many cases:
- The successor trustee has never reviewed the trust
- No family meeting was held
- The trustee is unaware of their legal responsibilities
- Critical legal and tax deadlines can be missed
This lack of preparation can expose trustees to personal liability, family conflict, and unnecessary court involvement.
Trust Administration Services for California Families
Trust administration is a legal service we proudly offer to the families of our clients and to trustees who need guidance after a death. California law imposes numerous legal statutory duties on trustees, many of which must be completed within specific timeframes.
Working with an experienced California trust administration attorney helps ensure compliance and protects the trustee from liability.
👉 [Download our Trust Administration Questionnaire]
(A helpful first step for successor trustees)
What Does a Successor Trustee Do?
A common question we hear is: “What exactly am I responsible for as a successor trustee?”
While no two trusts are identical, most successor trustees are responsible for a common core set of duties. Responsibilities can vary based on:
- The type of assets involved
- How assets are titled
- The ages and needs of beneficiaries
- Specific instructions in the trust
Below is a non-exhaustive list of tasks that many California successor trustees must handle during trust administration.
Common Duties of a Successor Trustee in California
- Legally interpreting the trust terms
- Providing legal notice to trust beneficiaries and any necessary heirs at law
- Obtaining a Certified Death Certificate
- Applying for an IRS Tax Identification Number (EIN) for the trust
- Filing the decedent’s final personal income tax return
- Filing any required federal estate tax return
- Filing annual fiduciary income tax returns for the trust
- Publishing required creditor notices or filing creditor claims (when applicable)
- Identifying, securing, and marshalling all trust assets
- Opening and managing trust bank accounts
- Paying final expenses and outstanding debts
- Collecting life insurance proceeds payable to the trust
- Determining whether probate is required for assets not titled in the trust
- Notifying banks, financial institutions, and investment firms
- Notifying the VA or Department of Health Services, if applicable
- Reviewing beneficiary designations on retirement accounts
- Advising on inherited IRA and 401(k) distribution options
- Obtaining date-of-death valuations for real estate, businesses, and other investments
- Providing statutory compliant accountings to trust beneficiaries
- Determining whether federal or California estate taxes are owed
- Paying ongoing trust administration expenses
- Liquidating assets when necessary
- Managing and investing trust assets prudently
- Making final distributions to beneficiaries
- Family Settlement Agreements
Each of these steps must be handled carefully. Errors can result in personal liability for the trustee or disputes among beneficiaries.
You Don’t Have to Do This Alone
Serving as a trustee is an important responsibility—but you are not expected to do it alone. A knowledgeable trust administration attorney and CPA can help guide you through every step, ensuring compliance with California law and protecting you from unnecessary risk.
The best time to seek help is early in the process, before mistakes are made.
Speak With a One of Our Experienced California Trust Administration Attorneys
If you are serving as a successor trustee—or expect to do so soon—we invite you to contact our office for guidance.
📞 Call us at 760-448-2220
📩 Or submit a request through our Contact Us page
Free Resource for Trustees
👉 Request a copy of The Trustee’s Guide to Trust Administration in California by attorney Brenda Geiger.
This guide is designed to help trustees understand their role, responsibilities, and common pitfalls under California law.