Administer a Trust
Your Loved One Had a Trust. Here's What Happens Next.
If the person who died had a fully funded living trust, you likely don't need probate at all. As successor trustee, you have a different job: administering the trust. We guide trustees through every step, from the first notice to final distribution.
Schedule a ConsultationNot Sure Which You Need?
Trust administration or probate?
Trust Administration
Private. No court. Typically 3 to 12 months. The successor trustee handles notice, assets, taxes, and distribution directly.
Probate
Public and court-supervised. Typically 12 to 18 months, with statutory attorney and executor fees. See how California probate works.
Not sure which applies to your family? Bring whatever documents you have to a consultation and we'll tell you directly, before you pay for anything.
A Successor Trustee's Duties
What administering a trust actually involves
Notify beneficiaries and heirs
California Probate Code section 16061.7 requires formal notice to all beneficiaries and heirs within 60 days of the date the trust becomes irrevocable. It starts the clock on the window to contest the trust. Missing it exposes the trustee personally.
Get a tax ID for the trust
Once irrevocable, the trust needs its own federal Employer Identification Number (EIN) and its own bank account. The settlor's Social Security number no longer applies.
Marshal and value the assets
Locate, secure, and obtain date-of-death values for everything the trust holds: real property, accounts, business interests, and personal property. Real property typically needs a formal appraisal.
Fund and allocate sub-trusts
When the first spouse in a married couple's trust dies, most trusts require creating and funding a survivor's trust and, often, a bypass or marital trust. This is the step most often missed, and the one most likely to cause tax problems later.
Pay debts, expenses, and taxes
Final income tax returns, any required trust income tax filings, property taxes, and legitimate creditor claims are resolved before distribution. We coordinate directly with your CPA.
Account and distribute
Beneficiaries are entitled to a formal accounting before final distribution. Once resolved, trust assets are distributed and retitled according to the trust's instructions, closing out the trustee's duties.
For a full week-by-week breakdown, including exact statutory deadlines, see What a Successor Trustee Does: First 90 Days.
Who We Help
Trustees, at every stage
First-time trustees
Most successor trustees have never done this before. We walk you through each step, in plain English, so you understand what you're signing and why.
Surviving spouses
When the first spouse in a couple's trust dies, sub-trusts often need to be created and funded. This is trust administration, not a simple amendment, and it's easy to miss if no one flags it.
Common Questions
Trust administration, explained
What is trust administration?
Trust administration is the process a successor trustee follows to settle a living trust after the person who created it dies: notifying beneficiaries, valuing and managing assets, paying debts and taxes, and distributing what remains according to the trust's terms. It happens privately, outside of court.
How is trust administration different from probate?
Probate is a public, court-supervised process required when assets are titled in the decedent's individual name with no trust. Trust administration applies when assets were already titled in the name of a living trust. It is typically faster, less expensive, and entirely private, since no court is involved. If you are not sure which situation you are in, that is usually the first thing to determine.
What does a successor trustee have to do first?
Locate the original trust document and any amendments, obtain certified copies of the death certificate, and secure the trust's assets. From there, the Probate Code section 16061.7 beneficiary notice has a 60-day deadline that should be handled early, since it starts other legal clocks running.
Do beneficiaries have to be formally notified?
Yes. California law requires a specific written notice to every beneficiary and heir within 60 days of the trust becoming irrevocable. It is not optional and it is not the same as simply telling family members what happened.
How long does trust administration take?
Straightforward administrations are often substantially complete within 3 to 12 months, depending on the assets involved, whether real property needs to sell, and how quickly tax matters resolve. That compares to the 12 to 18 months typical for a full California probate.
What if the trust was never fully funded?
Any asset left outside the trust at death, titled in the decedent's individual name, may still need to go through probate even though a trust exists. Part of the first step in administration is identifying whether everything was actually funded into the trust, and if not, what the options are for the assets left out.
Named as successor trustee?
Several of the deadlines involved carry personal liability if missed. Schedule a consultation before you take your first step.