Do I Need an Attorney to Administer a Trust in California?

We understand that everyone processes grief differently. Some families call right away, worried that certain actions need to be taken care of immediately. Other's need more time to process and mourn and wait a month or two before contacting an attorney. Generally, the main two tasks that need to be taken care of immediately are notifying social security and ordering death certificates, which can be ordered through the mortuary where the decedent is. Before the Trust Administration process can even begin, the Successor Trustee of the Trust will need to obtain death certificates. They should then call an experienced trust administration attorney to set up an appointment to learn more about their obligations and see how the attorney can assist them during this difficult time.

What is trust administration in California?

Trust administration in California is the legal process of managing and settling a trust after the person who created it (the settlor or grantor) passes away. The successor trustee is responsible for carrying out the instructions in the trust document and ensuring that all legal and financial obligations are properly handled.

This process typically includes identifying and securing trust assets, notifying beneficiaries and heirs as required by California law, paying debts and taxes, managing or selling property if necessary, and ultimately distributing assets to the beneficiaries according to the terms of the trust.

Although a living trust is designed to avoid probate court, trust administration still involves important legal duties and strict timelines. Trustees must comply with California fiduciary laws and act in the best interests of the beneficiaries throughout the process.

Because mistakes during trust administration can lead to disputes, delays, or personal liability for the trustee, many families choose to work with an experienced California trust administration attorney to ensure the trust is administered correctly and efficiently.

Can I Handle Trust Administration Without Legal Counsel?

The short answer is: most likely not. The main reason is not that Trust Administration is difficult or complex, but because a Trustee (who most likely is a first time Trustee for an estate) does not know the precise steps that need to be taken and what requirements and duties there is to be a Trustee. It's just not something a normal person would know how to do or would learn unless you specialize in this field. Another thing to note is that the Trust Administration can also be very time-consuming and near impossible for those who are working, taking care of others, etc, and since your time is valuable, we recommend not to waste it and have an expert take the correct steps for you.

What Documents Do I Need to Start the Trust Administration Process in California?

Once you step up an appointment with an experienced attorney to begin the Trust Administration process, you may be wondering what documents you need to gather for the appointment. With these documents, the attorney will be able to review them with the Trustee and explain what needs to be done to properly administer the trust. Here is a general list of documents you should have handy:

• Any of the decedent's Estate Planning documents, such as their Living Trust, Will, or Powers of Attorney. (Originals are best but copies will suffice)
• Original Death Certificates. (Copies will NOT suffice)
• Most Recent Financial Statements (Checking accounts, Savings accounts, CD's, IRA's, 401k's, Life Insurance, Stocks, Bonds, etc) and information regarding any real property that the decedent owned.

I'm Ready to Begin the Trust Administration Process...What Do I Do Next?

Whether you are just starting the Trust Administration process or have already begun, it is always best to make sure the Trustee gets everything done correctly so there are no legal repercussions. Give us a call for a Free Trust Administration consultation today. Our team will do whatever we can to help ease your family through this difficult time. We look forward to working with you!

Common California Trust Administration Questions