Our Most Frequently Asked Trust Administration Questions
If you are serving as a successor trustee after the death of a loved one, these answers can help you understand your first steps, your responsibilities, and when it may be time to get legal guidance.
What Should a Trustee Do First After Someone Dies?
A trustee should first secure important documents, obtain certified death certificates, review the trust and any amendments, identify assets, and determine immediate financial obligations.
What Does a Successor Trustee Do?
A successor trustee is responsible for carrying out the instructions in the trust after the trust maker dies or becomes incapacitated. This may include managing assets, communicating with beneficiaries, paying debts and expenses, and distributing property according to the trust.
Do I Need a Lawyer to Administer a Trust?
Many successor trustees benefit from legal guidance because trust administration can involve strict deadlines, notices, tax issues, beneficiary communication, asset transfers, and potential personal liability if mistakes are made.
How Long Does Trust Administration Take in California?
The timeline depends on the complexity of the trust, the assets involved, tax issues, beneficiary cooperation, and whether disputes arise. Some administrations are completed in months, while more complicated matters may take longer.
What Is the Difference Between Probate and Trust Administration?
Free Resources for Trustees and Beneficiaries
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A Guide to California Trustee DutiesCalifornia Trustee Duties and Responsibilities Legal Guide. Learn fiduciary duties, trust asset management, record-keeping, beneficiary rights & liabilities.
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Why Choose Kavesh Minor & Otis to Administer Your Trust or Estate?Why choose Kavesh Minor & Otis to administer your trust or estate? We're glad you asked! Check out why we are different. Learn more here.
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Estate Administration Usually Requires Hard Work and a Long-Term CommitmentEstate administration takes many forms, and the most common is a court-enforced process often described as “probate.” Our CA attorneys explain.
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California Trust Administration: the Challenges a Successor Trustee FacesSuccessor trustees can face many challenges during trust administration, including angry heirs. Our CA estate planning attorney explains why a lawyer can help.
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Be Prepared for the Rigors of Trust AdministrationTrust administration comes with many challenging responsibilities. Our California trust administration lawyer can help make your job easier. Learn more!
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California Executors Need to Understand the Difference Between Probate and Non-Probate AssetsOur Los Angeles and Orange County probate attorneys explain how California estate executors can determine if an asset is a probate asset or non-probate asset.
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The Advantages and Limitations of Totten Trust AccountsTotten trusts make it easy to transfer cash accounts outside of probate; however, they suffer from significant disadvantages. Our CA attorney explains.
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Trusts Are Only Effective if They’re FundedA revocable living trust could help protect your assets from probate, but a trust is only effective when it is funded. Our California attorneys explain.
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How a Small Estate Affidavit Could Relieve the Rigors of Formal ProbateWhile a small estate affidavit could negate the need for formal probate in its entirety, not every California estate will qualify for an informal succession.
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When to Consider Small Estate AdministrationA small estate affidavit could help your family avoid the worst of probate. Our California attorneys explain how to avoid this time-consuming process.
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Valuing and Appraising Items in California ProbateWhile not all estate assets need to be valuated, some require the input of a probate referee or expert appraiser. Our California lawyers can help.
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What to Know About Estate and Trust LawsuitsEstate and trust lawsuits can take months to resolve, and they require strict adherence to legal procedure. Read the article for more information!
