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Trust Administration Attorney | Settle Estates

Guiding Trustees Through Their Duties After a Death

When someone passes away with a living trust, the successor trustee must properly administer the trust according to California law. We provide comprehensive guidance through this complex process, ensuring all legal requirements are met while honoring the trustor's wishes.

Why Choose Law Offices of Rozsa Gyene for Trust Administration?

5000+ Families Served Since 2001
California State Bar #208356 Licensed & Verified
A+ Rated Better Business Bureau
25+ Years Experience Estate Planning Experts
100% Confidential Attorney-Client Privilege

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.

Typically completed in 4-12 months
Private process - no court records
Cost-effective compared to probate
Protects trustees from liability

Flexible Fee Arrangements

We offer payment options that work for your situation

Regular Retainer Agreement

Traditional hourly billing arrangement where you pay for services as they are rendered. This option provides transparency and control over legal costs throughout the administration process.

  • Pay as services are provided
  • Detailed monthly billing statements
  • Full control over scope of services
  • Ideal for straightforward administrations
  • Ability to pause or stop services

Contingency Fee Agreement

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.

  • No upfront payment required
  • Fees paid from trust assets
  • All services included
  • Ideal for complex estates
  • No out-of-pocket expenses

Which Option is Right for You?

During your free consultation, we'll discuss your specific situation and help you choose the fee arrangement that best suits your needs. We understand that every estate is unique, and we're committed to providing transparent, fair pricing that works for you.

No Financial Barriers: We believe everyone deserves quality legal representation during trust administration. Our flexible fee arrangements ensure that financial concerns don't prevent you from getting the professional help you need. Contact us to discuss which option works best for your situation.

The Trust Administration Process

A step-by-step guide through trust administration

Immediate Actions

Initial Steps

Obtain death certificate, locate trust documents, secure assets, and notify beneficiaries of their status.

30-60 Days

Asset Inventory

Identify and value all trust assets, obtain appraisals, gather financial statements, and create comprehensive inventory.

60-90 Days

Creditors & Taxes

Pay valid debts, file final tax returns, obtain tax clearance, and handle any outstanding financial obligations.

90-120 Days

Distribution

Distribute assets according to trust terms, obtain receipts from beneficiaries, and prepare final accounting.

120+ Days

Trust Closure

Complete final distributions, close trust accounts, file final documents, and obtain releases from beneficiaries.

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.

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

Get Trust Administration Help

Complete this form for a free consultation about your trustee duties

Your information is confidential and protected by attorney-client privilege

What Our Clients Say

Real experiences from families we've helped with trust administration

"Rozsa made the trust administration process so much easier than I expected. As a first-time trustee, I was overwhelmed, but she guided me through every step with patience and expertise. Her knowledge of California law gave me confidence that everything was handled correctly."

Sarah M.
Successor Trustee, Glendale

"After my father passed away, I didn't know where to start with administering his trust. Rozsa's thoroughness and attention to detail protected me from making costly mistakes. She made sure all beneficiaries were treated fairly and kept everyone informed throughout the process."

Michael R.
Trustee, Pasadena

"The trust administration was completed in just 7 months, which was faster than I anticipated. Rozsa's efficient approach and clear communication made a difficult time much more manageable. I highly recommend her services to anyone facing trust administration responsibilities."

Jennifer L.
Successor Trustee, Burbank

Trust Administration Resources

Expert guidance for trustees and beneficiaries navigating California trust administration

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.

Read Article

Trust Administration vs Probate

Complete comparison of trust administration and probate in California. See the differences in cost, timeline, privacy, and control.

Read Article

Trust Administration Costs

Complete breakdown of California trust administration costs: attorney fees, taxes, appraisals, and how to minimize expenses.

Read Article

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.

Read Article

Trust Beneficiary Rights

Your legal rights as a California trust beneficiary: information, accounting, distribution, fair treatment, and how to enforce your rights.

Read Article

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.

Read Article

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.

Read Article

Successor Trustee Checklist

Comprehensive 8-phase checklist with every task, deadline, and step for California successor trustees from day 1 through closing.

Read Article

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.

Read Article

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.

Read Article

Mistakes to Avoid

12 common successor trustee mistakes that lead to personal liability: distributing too early, missing deadlines, and more.

Read Article

How to Become Successor Trustee

No court appointment needed. Step-by-step process: get trust document, death certificate, trustee certification, EIN, and notify banks.

Read Article

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.

Call (818) 291-6217 Start Questionnaire

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?

Trust administration costs in California typically range from 1-4% of the estate value for attorney fees. This is significantly less expensive than probate, which costs 4-7% in statutory fees alone. 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). We offer both regular retainer and contingency fee arrangements.

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 (1-4% vs 4-7%+ in fees), 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?

Our experienced trust administration attorneys are here to help. Get personalized guidance for your specific situation.

Call (818) 291-6217 Start Questionnaire

Need Immediate Assistance?

Trust administration has important deadlines. Don't wait to get help.

(818) 291-6217
800+
Trusts Administered
6-12
Average Months
100%
Tax Compliance
$0
IRS Penalties

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) 291-6217

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: Attorney fees 1-3% of estate value (vs. 4-7% for probate), 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) 291-6217

Why Choose Law Offices of Rozsa Gyene?

Trusted by Southern California families since 2001

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.

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Attorney-Verified Content

Last Updated: December 2, 2025

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 December 2025 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.

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800+
Trusts Administered
6-12
Average Months
100%
Tax Compliance
$0
IRS Penalties

Why Choose Law Offices of Rozsa Gyene?

Trusted by Southern California families since 2001

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.

Related Services

Comprehensive estate planning solutions for California families

Living Trusts

Set up a trust now to make administration easier for your family later.

Learn More

Probate Services

Some assets may require probate. We handle both trust administration and probate.

Learn More

Trust Amendment

Keep your trust current with professional amendment services.

Learn More