Technical Execution: The First 90 Days in Montecito
Successor Trustees in Montecito often manage extraordinarily complex portfolios including oceanfront compounds, private beach access rights, vineyard holdings, art collections, and multi-entity family structures. In 2025, your "Duty of Prudence" is under more scrutiny than ever. The transition from the decedent's Social Security Number to a permanent Irrevocable Trust Tax ID (EIN) is just the beginning.
As your Montecito trust administration lawyer, we execute the following technical roadmap:
- Notice to Heirs & Beneficiaries: Issuing the legally required 16061.7 notices to lock in the 120-day statute of limitations on trust contests—critical for high-value estates with potential family disputes.
- Certification of Trust: Preparing the technical documents to allow you to transact with family offices, brokerage firms, and the Santa Barbara County Recorder.
- Date-of-Death Valuations: Coordinating with specialized Probate Referees who understand Montecito's unique assets—private beach rights, equestrian facilities, vineyard parcels—to establish the 100% Step-up in Basis.
- Prop 19 Assessor Filings: Managing the intergenerational transfer exclusion with the Santa Barbara County Assessor to prevent catastrophic tax spikes on legacy properties.
The 2026 Estate Tax Sunset and $15M+ Montecito Wealth
On January 1, 2026, federal estate tax exemptions are scheduled to decrease from $13.99M to approximately $7M per individual. For Montecito families with estates exceeding $15M—which includes most Birnam Wood and Hedgerow District properties—this creates potential exposure to a 40% federal estate tax on amounts above the exemption. If a married settlor dies in 2025, we file Form 706 to elect "Portability" of the unused exemption to the surviving spouse—potentially preserving up to $27.98M in combined tax-free transfers. For trustees managing Montecito's most valuable estates, this planning is the difference between preserving generational wealth and a multi-million dollar federal tax liability.
Private Beach Rights and Coastal Access Valuations
Montecito's Butterfly Beach and Miramar areas include properties with private beach access rights—easements that can add $500,000 to $2M to a property's total value. These coastal access rights are real property interests requiring formal appraisal for Step-up in Basis purposes. We coordinate with specialized Probate Referees who understand Santa Barbara County's unique coastal property structures, ensuring every asset—including beach easements, tidelands rights, and private dock access—receives proper date-of-death valuation.
Trustee Personal Liability Protection
Successor trustees in Montecito are often family members who do not realize they can be held personally liable for mistakes. On a $15M estate, errors like distributing assets too early, missing the Medi-Cal (DHCS) notification deadline, or failing to provide a formal accounting can lead to surcharges exceeding $500,000. Under Probate Code Section 16062, beneficiaries have a right to a formal accounting. We prepare attorney-verified accountings and obtain signed beneficiary releases before any final distributions are made, ensuring your job as trustee ends with total legal closure.
Heggstad Petitions: Rescuing Assets at Anacapa Division
It is common for Montecito settlors to leave a new investment property, art collection, or secondary residence out of their trust. Normally, this would trigger a public probate at the Anacapa Division Courthouse. On a $15M estate, statutory probate fees alone can exceed $180,000. We specialize in Heggstad Petitions (Probate Code Section 850). By providing evidence of the settlor's intent, we can often obtain a court order declaring the asset part of the trust retroactively—avoiding the 15-month probate timeline, massive fees, and public disclosure of family wealth.
Prop 19 Defense for Montecito Legacy Properties
In 2025, inheriting property in Montecito carries significant property tax risk. Under Proposition 19, the exclusion cap is $1,044,586 over the existing tax base. On an $8.6M property with a 1980s tax base of $200,000, a reassessment could increase annual property taxes from $4,000 to over $90,000. If a child moves in as their primary residence within one year, they may preserve the parent's tax base (plus the cap). We manage these filings concurrently with the Santa Barbara County Assessor to protect multi-generational Montecito estates.
Critical Trustee Deadlines for Montecito Estates
Missing these statutory deadlines can expose you to personal liability:
- 60 Days: Serve 16061.7 Notice to all beneficiaries and heirs
- 90 Days: Notify DHCS (Medi-Cal) if applicable
- 150 Days: File Notice of Death with Santa Barbara County Assessor
- 12 Months: Prop 19 exclusion deadline for primary residence
- 9 Months: Form 706 deadline for portability election
- Immediate: Obtain Trust Tax ID (EIN) from IRS
