Why Choose Law Offices of Rozsa Gyene for Trust Administration?
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.
Flexible Fee Arrangements
We offer payment options that work for your situation
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.
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
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
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."
"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."
"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."
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.
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.
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.
Need Immediate Assistance?
Trust administration has important deadlines. Don't wait to get help.
(818) 291-6217