Practice Areas
Trust
Administration
Serving as a successor trustee carries significant legal responsibilities. Our attorneys provide the guidance you need to fulfill your duties properly and protect yourself from personal liability.
Overview
Professional Guidance for Trustees and Beneficiaries
When a trustor passes away or becomes incapacitated, the successor trustee must step in to manage and distribute trust assets. This role carries fiduciary duties imposed by California Probate Code Sections 16000-16015 — duties that, if breached, can result in personal liability for the trustee.
At Abrate & Olsen Law Group, we guide successor trustees through every aspect of trust administration, from the initial notification requirements under Probate Code Section 16061.7 to the final distribution of assets. We ensure that trustees understand their obligations, maintain proper records, and comply with all legal requirements.
We also represent beneficiaries who have questions about their rights, need information about trust assets, or believe a trustee is not fulfilling their duties. Whether you are a trustee seeking guidance or a beneficiary seeking accountability, our attorneys provide the experienced counsel you need.
Trust Administration Help
Whether you are a newly appointed trustee or a beneficiary with concerns, we can help you understand your rights and responsibilities.
Schedule a ConsultationOr email us at contact@abrateolsenlaw.com
Our Services
Trust Administration Services
Complete trust administration support for trustees and beneficiaries.
Trust Funding
Ensuring all assets — real estate, financial accounts, business interests, and personal property — are properly titled in the name of the trust. An unfunded trust cannot avoid probate, making this step critical.
Trustee Services
Guidance for successor trustees on their fiduciary duties under California Probate Code Sections 16000-16015, including the duty of loyalty, duty to inform beneficiaries, duty to account, and prudent investment standards.
Trust Modifications
Petitions to modify or terminate trusts under Probate Code Sections 15403-15414 when circumstances change, the trust's purpose becomes impractical, or all beneficiaries agree to modifications.
Trust Accounting
Preparation of formal trust accountings required by California law, including detailed records of income, expenses, distributions, and asset values. Proper accounting protects trustees from personal liability.
Beneficiary Representation
Advocacy for beneficiaries seeking information, accountings, or distributions from a trust. We enforce beneficiary rights under California trust law, including the right to petition for trustee removal.
The Process
What to Expect
How we guide successor trustees through the trust administration process.
Trust Review
We review the trust document, identify all trust assets, and confirm the successor trustee's authority and responsibilities under the trust terms and California law.
Notifications
We prepare and serve required notifications to beneficiaries and heirs under Probate Code Section 16061.7, which triggers the 120-day contest period.
Asset Management
We assist with asset valuation, tax filings, creditor claims, and prudent management of trust property during the administration period.
Distribution
After the contest period expires and all obligations are met, we facilitate distribution of trust assets to beneficiaries according to the trust terms.
Common Questions
Trust Administration FAQ
What happens when a trustor (trust creator) passes away?
The successor trustee named in the trust document assumes control. They must notify beneficiaries and heirs within 60 days (Probate Code Section 16061.7), inventory trust assets, obtain date-of-death appraisals, pay debts and taxes, and ultimately distribute assets according to the trust terms. Our attorneys guide successor trustees through every step.
Can a trustee be removed in California?
Yes. Under Probate Code Section 15642, a court may remove a trustee for breach of trust, failure to administer the trust, unfitness, or hostility among co-trustees that impairs administration. A beneficiary, co-trustee, or the court itself may petition for removal. We represent both petitioners seeking removal and trustees defending against removal.
What is the difference between probate and trust administration?
Probate is a court-supervised process that can take 12 to 18 months and is a matter of public record. Trust administration is generally handled privately without court involvement, can be completed in a few months, and keeps your financial affairs confidential. This is the primary advantage of trust-based estate planning.
Need Trust Administration Guidance?
Whether you are a trustee or beneficiary, our attorneys provide the guidance you need. Contact us today.
Schedule a Consultation