How to Become a Successor Trustee in California

You've been named as successor trustee in a loved one's living trust. Now that person has passed away or become incapacitated. How do you actually step into the role?

Unlike becoming an executor (which requires court appointment), becoming a successor trustee is largely automatic—but there are still steps you need to take.

When Does a Successor Trustee Take Over?

Upon Death of the Trustor

When the person who created the trust (trustor/settlor) dies, the successor trustee automatically has authority to act. No court appointment is needed.

Your authority begins: The moment of death

What triggers it: The death itself—not a court order, not a document filing, not anyone's permission

Upon Incapacity of the Trustor

If the trustor becomes incapacitated while still alive, the successor trustee may take over management of trust assets.

Your authority begins: When incapacity is established as defined in the trust

How incapacity is determined: Usually requires one or two physicians to certify in writing that the trustor cannot manage their affairs. Check your trust document for specific requirements.

Step-by-Step: How to Become Acting Successor Trustee

Step 1: Obtain the Trust Document

You need the original trust and all amendments.

Where to look:

• Trustor's home (safe, filing cabinet)
• Safe deposit box
• Attorney who prepared the trust
• Family members with copies

What you need:

• Original signed trust document
• All amendments
• Any restatements

Step 2: Verify You're the Named Successor Trustee

Read the trust carefully to confirm:

• You are named as successor trustee
• Any conditions for your succession are met
• No one with higher priority is available to serve

Common trust language: "Upon my death (or incapacity), my daughter Jane Smith shall serve as successor trustee."

Step 3: Obtain Proof of the Triggering Event

For death:

• Obtain certified death certificates
• Order 10-15 copies (you'll need them for banks, etc.)

For incapacity:

• Obtain physician certification(s) as required by the trust
• Some trusts require one doctor's letter; others require two
• Letters should state the trustor cannot manage their financial affairs

Step 4: Prepare a Trustee Certification

A trustee certification (also called "certification of trust" or "trustee affidavit") is a document proving your authority without revealing all trust details.

The certification typically includes:

• Trust name and date
• Current trustee's name (you)
• That the trust is valid and hasn't been revoked
• Your powers as trustee
• How title to trust assets should be taken
• Notarized signature

Many attorneys prepare these, or you can create one following California Probate Code §18100.5.

Step 5: Record an Affidavit of Death of Trustee (For Real Property)

If the trust owns real estate, record an "Affidavit of Death of Trustee" with the county recorder's office where the property is located.

This document:

• Puts the public on notice that the original trustee died
• Shows you're now the acting trustee
• Clears title for future transfers

Attach a certified death certificate to the affidavit.

Step 6: Notify Financial Institutions

Contact banks, investment companies, and other financial institutions holding trust assets.

What they typically require:

• Certified death certificate
• Copy of the trust (or trustee certification)
• Signature cards for new trustee
• Your identification

Each institution has its own requirements. Call ahead to ask what they need.

Step 7: Get an EIN for the Trust

Once the trustor dies, the trust needs its own tax identification number (EIN).

How to get it:

• Online at IRS.gov (fastest, takes about 10 minutes)
• By mail using Form SS-4

You'll need the EIN for:

• Opening a trust bank account in your name as trustee
• Filing trust tax returns
• Providing to financial institutions

Step 8: Open a Trust Bank Account

Open a checking account for trust administration:

Account title: "[Trust Name], [Your Name], Trustee"

Example: "Smith Family Trust dated January 15, 2010, Jane Smith, Trustee"

You'll need:

• Trust document or certification
• Death certificate
• Your ID
• EIN for the trust

What About Court Appointment?

You do NOT need court appointment to become successor trustee of a living trust.

This is one of the main advantages of a trust over a will. With a will, the executor must:

• File the will with the court
• Petition for appointment
• Wait for a court hearing
• Get official "Letters Testamentary"

With a trust, you have authority immediately upon the trustor's death. No waiting for court dates.

When Court Involvement IS Needed

While you don't need court appointment, courts can get involved in certain situations:

• No successor trustee available: All named successors have died, declined, or are unable to serve
• Disputes about who should serve: Family members disagree about trustee
• Trustee removal: Beneficiaries petition to remove you
• Trust contest: Someone challenges the trust validity
• Guidance needed: Trustee asks court to interpret ambiguous terms

Can You Decline to Serve?

Yes. Being named successor trustee is not mandatory. You can decline (called "renouncing").

How to decline:

• Notify beneficiaries in writing that you're declining
• Don't take any actions as trustee (once you act, you've accepted)
• The next named successor takes over

Reasons people decline:

• Don't have time
• Live far away
• Don't want the responsibility
• Have conflicts with beneficiaries
• Health issues

If you're unsure: You can consult an attorney before deciding. Getting advice isn't "accepting" the role.

What If You've Already Started Acting?

If you've taken actions as trustee (like accessing accounts or paying bills), you've generally "accepted" the trusteeship.

Once you accept, you cannot simply walk away. You must either:

• Continue serving, or
• Petition the court to resign and appoint a replacement

What If There's No Eligible Successor Trustee?

If all named successor trustees are unavailable:

• The trust may allow beneficiaries to appoint a new trustee
• A beneficiary can petition the court to appoint a trustee
• The court will appoint someone appropriate

Proving Your Authority to Third Parties

Banks, title companies, and others will want proof you're the legitimate trustee.

Documents that prove authority:

• Trustee certification: One-page summary of your authority
• Trust document: Full trust (some institutions require this)
• Death certificate: Proves the prior trustee died
• Your identification: Proves you are who you claim to be

Tip: Get multiple certified copies of the trust certification. You'll provide copies to many institutions.

What Powers Do You Have?

Your powers as successor trustee are defined by:

1. The trust document (primary source)
2. California Probate Code (fills gaps)

Common trustee powers:

• Manage and invest trust assets
• Buy and sell property
• Open and close accounts
• Pay debts and expenses
• Distribute to beneficiaries
• Hire professionals (attorneys, CPAs)
• Sue or defend lawsuits on behalf of trust

Check your trust for specific powers granted or restricted.

Successor Trustee for Incapacity vs. Death

Your role differs depending on why you're serving:

During Incapacity

• Your role: Manage assets for the trustor's benefit
• Goal: Pay for trustor's care and maintain their lifestyle
• Distributions: To or for the trustor (and possibly spouse)
• Duration: Until trustor dies or regains capacity

After Death

• Your role: Wind up the trust and distribute to beneficiaries
• Goal: Administer and distribute according to trust terms
• Distributions: To named beneficiaries
• Duration: Until administration is complete (typically 6-12 months)

Need Help Getting Started?

The Law Offices of Rozsa Gyene helps new successor trustees understand their role and get started properly. We'll review your trust, explain your duties, and guide you through administration.

Call (818) 291-6217 for a consultation, or visit our contact page.

Serving Glendale, Burbank, Pasadena, and all of Los Angeles County.

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This article provides general information about becoming a successor trustee in California. Every trust is different. Consult an attorney for advice specific to your situation.