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Your first 30 days
- Order death certificates. Order 10 to 15 certified copies from the funeral home or the county. Banks, brokers, insurers and the county recorder each need one.
- Locate the trust, amendments and a certification of trust. Find the signed original trust and every amendment, because the latest valid version controls. A certification of trust lets you prove your authority to banks without handing over the whole trust.
- Get an EIN for the trust. The trust becomes irrevocable at the death and needs its own tax ID number from the IRS. Use it to open a trust bank account for income and bills.
- Secure the house and accounts. Change the locks, keep the homeowner's insurance in force and tell the insurer the owner has died. Notify banks and brokers, and keep a record of every payment in and out.
- Start the 60-day notice. You must serve a notice on every beneficiary and heir within 60 days of the death. Serving it on time also starts the 120-day period for anyone to contest the trust.
Key California deadlines
- 60 days: notice to beneficiaries and heirs. Serve the notification by trustee within 60 days after the death, or within 60 days after you learn of a beneficiary or heir you did not know about. Probate Code 16061.7
- 120 days: time to contest the trust. A person served with the notice has 120 days from service to contest the trust, or 60 days from delivery of a copy of the trust terms during that period, whichever is later. Probate Code 16061.8
- 150 days: change in ownership statement. The trustee files a change in ownership statement with the county recorder or assessor in each county where the person who died owned real property, within 150 days after the date of death. Revenue and Taxation Code 480
- 3 years: Prop 19 parent-child exclusion claim. File the claim within 3 years after the transfer, or before the property is transferred to a third party or the child stops living in the home, whichever is earlier. Revenue and Taxation Code 63.2
Flat-fee packages
| Package | Fee | Includes |
|---|---|---|
| Trustee Essentials | $2,500 | Trust review, certification of trust, 60-day notices prepared with mailing instructions, affidavit of death of trustee for the residence (you record it), EIN and account guidance, change in ownership and Prop 19 guidance, distribution plan with receipts, two phone or video consultations. |
| Complete Administration | $4,500 | Everything in Essentials, plus asset inventory and date-of-death values, informal accounting to beneficiaries, trust transfer deed to beneficiaries for one property, coordination with your CPA on the final 1040 and the trust 1041, home sale guidance, final distribution with receipts and releases. |
| Surviving Spouse Trust Division | From $6,000 | Division between the survivor's trust and the irrevocable trust, deeds into each sub-trust for up to three properties, affidavit of death, certification of trust, notices, EIN for the irrevocable trust, property tax analysis. |
| Complex | $400 per hour or written quote | Disputes, a trust contest, a business, out-of-state property, a Heggstad petition, or a court accounting. |
Each additional California property: $250. Out-of-state property quoted separately. A written fee agreement is signed before any payment. You can usually pay our fee from the trust (Probate Code 16247).
Other ways to pay
- Flat fees. Trustee Essentials $2,500, Complete Administration $4,500, Surviving Spouse Trust Division from $6,000, and Complex matters at $400 per hour or a written quote.
- Hourly: $400 per hour. Traditional hourly billing where you pay for services as they are rendered, with detailed monthly billing statements.
- Contingency fee arrangement. Fee based on a percentage of the estate value, typically paid from trust assets upon distribution. This arrangement means no upfront costs and fees are only due when assets become available.
During your free consultation, we'll discuss your specific situation and help you choose the fee arrangement that best suits your needs.
Trust administration or probate?
- Assets titled outside the trust. If a house or account never made it into the trust, a Heggstad petition can ask the court to confirm it belongs to the trust without a full probate. Heggstad petitions
- A spouse inheriting outside the trust. When property passes to a surviving spouse or registered domestic partner outside the trust, a spousal property petition can confirm it without a full probate. Spousal property petitions
- Small estates. If the assets left outside the trust are under California's small estate limit, a small estate affidavit can often collect them without probate. Small estate affidavits
How we work
- Phone or video only. Every meeting is by phone or video, so there is no office visit.
- Statewide. We help successor trustees in every California county.
- Documents by e-signature or mail. We send documents for e-signature or by mail, whichever you prefer.
- Your notary. You sign documents that need notarizing before a notary of your choice and pay the notary directly.
- You record the deeds. Our office does not record deeds. You record them with the county.
Why Choose Law Offices of Rozsa Gyene for Trust Administration?
What trust administration is, and the Proposition 19 reassessment trap
What is Trust Administration?
Trust administration is the legal process of managing and distributing trust assets after the trustor's death. Unlike probate, trust administration is typically faster, more private, and less expensive - but it still requires careful attention to legal requirements.
In California, where a single family home often exceeds $1 million in value, proper trust administration is crucial. As a successor trustee, you have important fiduciary duties to the beneficiaries. Mistakes can lead to personal liability, disputes, and legal complications. Professional guidance ensures you fulfill your duties properly while protecting yourself.
The Proposition 19 Reassessment Trap
One of the biggest risks in trust administration is the California Proposition 19 property tax reassessment. Successor trustees must file the proper paperwork within three years of the transfer, or before the property is transferred to a third party or the child stops living there, whichever is earlier (Revenue and Taxation Code 63.2) to protect the family home's tax base.
Failure to coordinate the Notice of Death of Real Property Owner with the County Assessor can result in a full property tax reassessment for the heirs. The home's assessed value is reset to current market value, which can raise the annual property tax bill substantially and permanently.
We specialize in "Prop 19 Defense" during trust administration, ensuring all deadlines are met and all exclusions are properly claimed.
The trust administration process, step by step
The Trust Administration Process
A step-by-step guide through trust administration
Initial Steps
Obtain death certificate, locate trust documents, secure assets, and notify beneficiaries of their status.
Asset Inventory
Identify and value all trust assets, obtain appraisals, gather financial statements, and create comprehensive inventory.
Creditors & Taxes
Pay valid debts, file final tax returns, obtain tax clearance, and handle any outstanding financial obligations.
Distribution
Distribute assets according to trust terms, obtain receipts from beneficiaries, and prepare final accounting.
Trust Closure
Complete final distributions, close trust accounts, file final documents, and obtain releases from beneficiaries.
Trustee responsibilities
Trustee Responsibilities
Your legal duties as a successor trustee
Fiduciary Duty
Act in the best interests of beneficiaries, avoid conflicts of interest, and manage trust assets prudently.
Notice Requirements
Notify all beneficiaries and heirs of the trust administration within 60 days as required by California law.
Accounting
Keep detailed records of all transactions and provide accountings to beneficiaries upon request.
Tax Obligations
File final income tax returns, estate tax returns if required, and obtain tax identification number for trust.
Asset Management
Protect and maintain trust property, collect income, pay expenses, and invest assets prudently.
Communication
Keep beneficiaries reasonably informed about trust administration and respond to reasonable requests.
Personal liability for trustees
Don't Risk Personal Liability
Trustees can be held personally liable for mistakes in trust administration. Common errors include missing deadlines, improper distributions, tax penalties, and breach of fiduciary duty.
Personal Liability
Mistakes can cost you personally
Legal Action
Beneficiaries can sue for breaches
Strict Deadlines
Missing dates has consequences
Full table of trustee deadlines
California Trust Administration Statutory Deadlines
Missing these deadlines can expose trustees to personal liability. Our firm ensures every statutory requirement is met on time.
Important: These are minimum deadlines. Many trusts have additional requirements based on their specific terms. We review your trust document to identify all applicable deadlines.
Get Trust Administration Help
Tell us about the trust and we will email you the next steps and our fee agreement.
Get started in 2 minutesGuides for trustees
- How much trust administration costs in California
- The 60-day notice to beneficiaries and heirs
- Capital gains tax when selling trust property
- Trustee fees and taxes in California
- How to distribute trust assets
- How long trust administration takes
- Trust administration after both parents die
- California trust administration checklist
- Successor trustee mistakes to avoid
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How Long Does Trust Administration Take?
Complete timeline for California trust administration from initial steps through final distribution. Learn what's normal and what causes delays.
Trust Administration vs Probate
Complete comparison of trust administration and probate in California. See the differences in cost, timeline, privacy, and control.
Trust Administration Costs
Complete breakdown of California trust administration costs: attorney fees, taxes, appraisals, and how to minimize expenses.
60-Day Notice Requirement
Everything trustees need to know about California's 60-day notice requirement: who receives notice, what to include, and deadline consequences.
Trust Beneficiary Rights
Your legal rights as a California trust beneficiary: information, accounting, distribution, fair treatment, and how to enforce your rights.
When Trustee Won't Distribute
What to do when a trustee won't distribute your inheritance: warning signs, legal rights, step-by-step actions, and how to force distribution.
What Does a Successor Trustee Do?
Complete guide to successor trustee duties in California: 8 core responsibilities, fiduciary obligations, and what you can and cannot do.
Successor Trustee Checklist
Comprehensive 8-phase checklist with every task, deadline, and step for California successor trustees from day 1 through closing.
First Steps for New Trustees
What to do in your first 24 hours, first week, and first month as successor trustee. Step-by-step priority guide for grieving families.
Can Trustee Be Beneficiary?
Yes, it's legal and common. Learn about fiduciary duties, conflicts of interest, and how to protect yourself serving both roles.
Mistakes to Avoid
12 common successor trustee mistakes that lead to personal liability: distributing too early, missing deadlines, and more.
How to Become Successor Trustee
No court appointment needed. Step-by-step process: get trust document, death certificate, trustee certification, EIN, and notify banks.
Have Questions About Trust Administration?
Our experienced trust administration attorneys can guide you through every step of the process. Get professional help to protect yourself from liability and ensure proper compliance with California law.
What Our Clients Say
Real experiences from families we've helped with trust administration
"Rozsa made administering my mother's trust smooth."
"I had my personal family trust done 7 years ago and my sister-laws family trust done 2 years ago by attorney Rozsa Gyene and both were done very fast and we have had changes done to both trusts done which Rozsa quickly accomplished, all of her services were very professional and met our needs, I highly recommend Rozsa"s legal services, thanks Rozsa!, blessings, Steve"
"Albeit a late review, better late than never, right? I want to say that several years ago, Rozsa prepared my revocable living trust. She is a very pleasant, knowledgeable and trustworthy attorney and I am likely going to be revising my trust soon so, I will go to her without any reservations. Thank you! 🙏 Eliot Mitchell"
Your attorney
Rozsa Gyene, California attorney since 2000 (State Bar #208356), helps successor trustees, surviving spouses and families administer trusts across California. Every matter is handled by phone or video, with a written flat-fee agreement before any work begins.
Frequently Asked Questions
Common questions about trust administration in California
How long does trust administration take in California?
Trust administration in California typically takes 4-12 months, depending on the complexity of the estate. Simple trusts with liquid assets and no disputes can be completed in 4-6 months. More complex estates with real property, business interests, or beneficiary disputes may take 9-12 months or longer. The timeline is much faster than probate, which typically takes 12-18 months minimum.
What does a successor trustee do in California?
A successor trustee manages trust assets after the grantor's death. Key responsibilities include: notifying beneficiaries within 60 days, inventorying and valuing all trust assets, paying valid debts and taxes, filing required tax returns, managing trust property, and distributing assets to beneficiaries according to the trust terms. The successor trustee has fiduciary duties and can be held personally liable for mistakes or breaches of duty.
How much does trust administration cost in California?
At our office, trust administration is a flat fee: $2,500 for Trustee Essentials, $4,500 for Complete Administration, and from $6,000 for a Surviving Spouse Trust Division, with complex matters at $400 per hour. A contingency fee arrangement is also available, with the fee based on a percentage of the estate value, typically paid from trust assets upon distribution. Additional costs may include: accounting fees ($500-$2,000), appraisal fees ($300-$800 per property), trustee compensation (typically 1% or hourly rate), and tax preparation fees ($500-$3,000).
What are a successor trustee's first steps after death?
Immediate first steps for a successor trustee include: 1) Secure the deceased's property and change locks if necessary, 2) Locate the original trust document, 3) Order 10-15 certified death certificates, 4) Obtain a tax ID number (EIN) for the trust, 5) Open a trust estate bank account, 6) Notify all beneficiaries within 60 days as required by California law, 7) Begin inventorying trust assets, and 8) Consult with an experienced trust administration attorney to ensure compliance with all legal requirements.
Do you need a lawyer for trust administration in California?
While not legally required, hiring an attorney for trust administration is strongly recommended. California trust law is complex, and trustees can be held personally liable for mistakes. An attorney helps with: understanding fiduciary duties, meeting California's 60-day notice requirements, proper asset valuation and distribution, tax compliance, creditor claims, beneficiary disputes, and protecting the trustee from personal liability. Most trustees find the attorney's guidance invaluable and cost-effective compared to potential liability.
What are trust beneficiary rights in California?
California trust beneficiaries have significant legal rights including: 1) Right to receive the 60-day notice after grantor's death, 2) Right to receive a copy of the trust document, 3) Right to receive accountings showing all trust transactions, 4) Right to be kept reasonably informed about trust administration, 5) Right to distributions according to trust terms, 6) Right to petition court if trustee breaches fiduciary duties, and 7) Right to sue for damages if trustee mismanages assets. These rights are protected under California Probate Code Sections 16060-16069.
What is the 60-day notice requirement for California trusts?
California Probate Code Section 16061.7 requires trustees to serve a written notice to all beneficiaries and heirs within 60 days after the grantor's death or after the trustee accepts the role. The notice must include: the trustee's name and contact information, notification that the person is serving as trustee, the right to request a copy of the trust, and information about the 120-day period to contest the trust. Failure to provide proper notice can extend beneficiaries' time to bring legal challenges.
How is a successor trustee compensated in California?
California law allows trustees to receive "reasonable compensation" for their services. Typical compensation is: 1-2% of trust assets for professional trustees, or hourly rates of $50-$150 for individual trustees performing ordinary services. The trust document may specify different compensation. Trustees can also be reimbursed for reasonable expenses. If the trustee is also a beneficiary, they should carefully consider whether to take fees, as trustee fees are taxable income while inheritances are tax-free.
What if a trustee is not distributing trust assets?
If a trustee is not distributing trust assets as required, beneficiaries have several options: 1) Request a written explanation for the delay, 2) Demand a formal accounting, 3) Send a formal demand letter (often through an attorney), 4) File a petition with the probate court to compel distribution, 5) Petition to remove the trustee for breach of fiduciary duty, and 6) Sue for damages if the delay caused financial harm. California law requires trustees to make distributions within a reasonable time after all debts and taxes are paid.
Is trust administration easier than probate in California?
Yes, trust administration is significantly easier than probate in California. Key advantages: no court supervision required, faster timeline (4-12 months vs 12-18+ months), completely private (no public records), lower costs (flat fees from $2,500, versus the statutory probate attorney fee set by Probate Code 10810), more flexible for trustees, and immediate access to trust assets. However, trustees still have serious fiduciary responsibilities and must comply with California trust law requirements including the 60-day notice, proper accounting, and prudent asset management.
Have More Questions About Trust Administration?
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(818) 337-4071 Text Us: (833) 846-1175More answers for trustees and beneficiaries
Trustee Not Distributing Trust California - What Can Beneficiaries Do?
If a California trustee is not distributing trust assets when required, beneficiaries have several legal remedies. Trustees must distribute assets according to the trust terms and within a reasonable time - typically within 12-18 months of the grantor's death for outright distributions. Unreasonable delays constitute a breach of fiduciary duty under California Probate Code Section 16000.
What to do if trustee not communicating with beneficiaries California: First, send a formal written demand for distribution via certified mail with return receipt. Request a full accounting showing all trust transactions, assets, income, expenses, and explain why distribution is delayed. California Probate Code Section 16061 requires trustees to keep beneficiaries reasonably informed. Document all communication attempts - save emails, letters, and phone logs.
If the trustee continues refusing to distribute or communicate, beneficiaries can file a petition in probate court to: 1) Compel distribution, 2) Compel accounting, 3) Remove trustee for breach of duty, 4) Surcharge trustee (hold personally liable for damages), 5) Recover attorney fees from trust. Beneficiaries also can demand to see the trust document under Probate Code Section 16061.7 - trustees cannot refuse this request. Our firm helps beneficiaries enforce their rights when trustees are not distributing assets, not responding to inquiries, or violating fiduciary duties. Free consultation: (818) 337-4071
60-Day Notice to Beneficiaries California (Probate Code 16061.7)
California Probate Code Section 16061.7 requires successor trustees to serve a written notice to all beneficiaries and heirs within 60 days after the trustor's death or after the trustee accepts the trusteeship. This is one of the most important - and most commonly missed - requirements in California trust administration.
What must the 60-day notice include? The notice must contain: 1) Trustee's name, address, and phone number, 2) Statement that the person is acting as trustee, 3) Notification of the right to request a copy of the trust terms, 4) Information about the 120-day period to contest the trust, 5) Physical address of the administration location. The notice must be served by mail to all current beneficiaries, deceased trustor's heirs at law (even if not named in trust), and any previous beneficiaries whose interests have terminated.
Consequences of failing to send 60-day notice: If a trustee fails to provide proper notice, beneficiaries' time to challenge the trust does NOT begin to run. This means beneficiaries could have years instead of 120 days to contest the trust or sue for breach of duty. Courts can also remove trustees who fail to comply with notice requirements and surcharge them for damages. Many successor trustees attempt to "do it themselves" without legal guidance, and failing to send proper 60-day notice is the #1 mistake. Our flat-fee trust administration service ensures all statutory notices are properly prepared and timely served, protecting both trustees and beneficiaries. We prepare the notice, handle service, and document compliance - giving trustees peace of mind.
How to Remove Trustee in California - Breach of Fiduciary Duty
California law allows beneficiaries to petition the probate court to remove a trustee for breach of fiduciary duty under Probate Code Section 15642. Common grounds for removal include: trustee not distributing trust assets, mismanagement of trust property, self-dealing, failing to provide accountings, trustee not communicating with beneficiaries, commingling trust funds with personal funds, making unauthorized investments, conflicts of interest, and failure to follow trust terms.
The trustee breach of fiduciary duty California petition process: Beneficiaries must file a Petition for Removal of Trustee with the probate court, stating specific grounds and providing evidence. Courts consider: severity of breach, whether breach caused financial harm, whether continuing in office would be detrimental to trust, and whether less drastic remedies would suffice. Evidence needed includes: denied accounting requests, proof of self-dealing transactions, documentation of mismanagement, financial records showing losses, communications showing refusal to distribute, and expert testimony about proper trust administration.
How long does trustee have to distribute assets in California? While no absolute deadline exists, trustees must distribute within a "reasonable time" - typically 12-18 months for simple estates. Longer delays require justification (pending litigation, tax issues, illiquid assets). If a trustee is taking too long without valid reasons, beneficiaries can petition for removal AND surcharge (personal liability for damages caused by delay). We represent both beneficiaries seeking trustee removal and trustees defending against removal petitions. California probate judges take fiduciary breaches seriously - trustees who ignore their duties face removal, surcharge, denial of compensation, and payment of beneficiaries' attorney fees.
Trust Beneficiary Rights California - Accounting & Communication
California trust beneficiaries have extensive legal rights that many people don't know about. Understanding these rights is crucial for protecting your inheritance. Can a beneficiary demand trust accounting in California? Absolutely. Under Probate Code Section 16062, any current beneficiary can demand a full accounting showing all trust transactions, assets, income, expenses, gains, losses, and distributions. Trustees must provide accounting within 60 days of a proper written request.
California trust beneficiary rights include: 1) Right to receive 60-day notice after grantor's death (Probate Code 16061.7), 2) Right to receive copy of trust document (cannot be denied), 3) Right to demand annual or final accountings, 4) Right to be kept reasonably informed about trust administration, 5) Right to distributions according to trust terms, 6) Right to object to trustee actions, 7) Right to petition court if trustee breaches duties, 8) Right to sue for damages from mismanagement, 9) Right to remove trustee for cause. Trustees owe beneficiaries fiduciary duties of loyalty, impartiality, prudence, and full disclosure.
Can beneficiary see trust document California? Yes - trustees MUST provide a complete copy upon request. Some trustees wrongly believe they can withhold trust provisions or only show beneficiaries "their portion." This is illegal. Beneficiaries entitled to see entire trust, all amendments, and any related estate planning documents. If trustee refuses, beneficiaries can petition court to compel disclosure and recover attorney fees. Our firm helps beneficiaries enforce their rights when trustees refuse to communicate, won't provide accountings, deny access to trust documents, or fail to make required distributions. We also advise trustees on their disclosure obligations to avoid liability. Most trust disputes arise from poor communication - proper transparency prevents litigation.
Flat Fee Trust Administration vs Hourly Billing - Which is Better?
When hiring an affordable trust administration attorney Glendale or anywhere in California, understanding fee structures is critical. Flat fee trust administration means you pay a fixed amount (typically 1-2% of estate value) for complete administration services from start to finish. Hourly billing means paying $300-$500+ per hour for every email, phone call, document review, and court appearance - costs can quickly spiral into $10,000-$50,000+ on complex estates.
Benefits of flat fee trust administration California: Predictable costs with no surprises, incentive for attorney to work efficiently, comprehensive services included (60-day notices, accounting, tax returns, distributions), no "bill shock" from unexpected complexity, and ability to budget estate expenses upfront. Many trustees prefer flat fees because they know exactly what legal services will cost - critical when managing trust assets and planning distributions. Hourly billing can be better for very simple estates (under $200,000) where only limited legal advice is needed, not full administration.
What are reasonable trust administration fees California? Typical ranges: Flat attorney fees from $2,500 (versus the statutory probate attorney fee set by Probate Code 10810), Accountant fees $500-$2,000, Appraisals $300-$800 per property, Tax preparation $500-$3,000, Trustee compensation 1% or hourly. Total trust administration costs typically 2-5% of estate - substantially less than probate's 6-10% total cost. Low cost trust administration California is possible by: using flat-fee attorneys, successor trustee handling administrative tasks themselves under attorney supervision, avoiding unnecessary appraisals, filing tax returns in-house if qualified, and preventing beneficiary disputes through good communication. Our firm offers both flat-fee and hourly arrangements depending on estate complexity and trustee preferences. Successor trustee help California - Free consultation: (818) 337-4071
Why Choose Law Offices of Rozsa Gyene?
Trusted by California families since 2000
Complete Administration Services
60-day notices, accounting, tax returns, distributions. We handle every requirement from start to finish.
Trust & Estate Tax Returns
Form 1041, final 1040, estate tax returns. Our team includes tax professionals who ensure compliance.
Beneficiary Communication
We keep all beneficiaries informed and reduce conflicts through transparent communication.
Avoid Costly Mistakes
90% of non-lawyer trustees make errors. We ensure proper administration and protect you from liability.
📚 Deep Dive: Trust Administration Resources
Explore our comprehensive guides for Successor Trustees:
Getting Started
Managing the Trust
Related Estate Planning Services
Explore our comprehensive estate planning services to protect your family and legacy.
Attorney-Verified Content
This page was written and reviewed by Rozsa Gyene, a California estate planning attorney (State Bar #208356) with over 25 years of experience helping trustees navigate trust administration. The information on this page is current as of October 2026 and reflects the latest California trust administration laws and procedures. Attorney Gyene is admitted to practice in all California state courts and has guided thousands of trustees through their fiduciary duties.
Have Questions?
Get answers to common questions about living trusts, probate, conservatorship, and more in our comprehensive FAQ section.
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Trust Administration vs. Probate
Trust administration is typically faster and less expensive than probate. While probate requires court supervision for every major decision, trust administration allows the trustee to act independently following the trust's instructions. If the deceased didn't have a trust, or if assets weren't properly funded into the trust, probate may still be required for those assets.
Need to create or update your own estate plan? Our living trust attorneys can ensure your affairs are in order.
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Probate Services
Some assets may require probate. We handle both trust administration and probate.
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