Trust administration help for successor trustees in Orange County
If a loved one has died and you are named trustee, we help you meet each legal deadline, keep the beneficiaries informed, and carry out the trust as it was written.
Help after a death or an incapacity
- Free consultation
- Meet in Irvine or by video
- You can work with us from out of state
The short answer
Trust administration is the work a successor trustee does after the person who made a trust dies: notifying the beneficiaries and heirs, gathering and valuing the assets, paying valid debts and taxes, keeping records, and distributing what remains. In California, the trustee must serve a formal notification within 60 days of the death (Probate Code section 16061.7 (opens in a new tab)). Bezaire & Leathers guides trustees through each step from its Irvine office.
What are a trustee's first steps?
- Find the documents. The trust, every amendment, and the pour-over will.
- Secure the property. Lock up the home, keep insurance in force, and collect the mail.
- Serve the trustee's notification within 60 days. It goes to every beneficiary and every heir.
- Get a tax ID number for the trust. After the death, the trust needs its own number to open accounts and file returns.
- List and value the assets. Real estate, bank and investment accounts, business interests and valuable personal property, with appraisals where needed.
- Keep careful records from day one, and keep trust money separate from your own.
Hold off on distributions until debts and taxes are addressed. Our free step-by-step checklist covers the first months in more detail.
What notice does a California trustee have to send?
When a trust becomes irrevocable because the person who made it has died, the trustee must serve a "notification by trustee" on each beneficiary and each heir, no later than 60 days after the death (Probate Code section 16061.7 (opens in a new tab)). The notice tells them who the trustee is, where the trust is administered, and that they can ask for a copy of the trust's terms.
The notice also starts a deadline. Someone who receives it has 120 days to bring a contest of the trust, or 60 days after receiving a copy of the trust terms during that 120-day period, whichever is later (Probate Code section 16061.8 (opens in a new tab)). Sending a complete, correct notice on time helps protect you as trustee.
Do I need an attorney to administer a trust?
California does not require one. But a trustee can be held personally responsible for mistakes, such as distributing money before debts are paid or missing a notice. Getting advice before you sell property, pay debts or make distributions helps protect you and keeps the beneficiaries informed.
How long does trust administration take?
It depends on what the trust holds, whether taxes are due, and how quickly property can be sold or transferred. One fixed point is the contest period described above. At your first meeting, we give you an estimated timeline for your trust.
What we handle for trustees
Trust administration or probate?
Property held in a funded trust passes through trust administration, which does not go through probate court unless a question needs a judge. Property in the deceased person's name alone, with no beneficiary or joint owner, may need probate. Sometimes an estate needs both. We look at how each asset was held and tell you which path applies.
FAQ
Can I be the trustee and a beneficiary?
Yes. A trustee can also be a beneficiary. You still owe the same duties to every beneficiary, including yourself: follow the trust's terms, treat everyone fairly, and keep good records.
What if a beneficiary has a disability?
We can plan the distributions and, where appropriate, direct that share into a special needs trust so it helps without affecting needs-based benefits.
I live outside California. Can you still help?
Yes. We can work with you by phone, email and video, and handle the local steps here in Orange County.
Do I have to go to court?
Trust administration does not go through probate court unless a question needs a judge's decision, such as a dispute or unclear trust terms.
Help after a death or an incapacity
- The court process for settling an estate that was not held in a trust.Probate
- A court case in which a judge appoints someone to manage the care or finances of an adult who cannot.Conservatorships
Just named trustee? Start with a call
Call (714) 543-6829, Monday to Friday, 9 AM to 5 PM, or request a free consultation. The 60-day notice clock starts at the death, so it helps to call early.