Can I be the successor trustee and a beneficiary?

Yes, and that is the most common pattern in California. But your duties as trustee come first — you cannot favor your share of distributions over other beneficiaries' shares.

Do I get paid as successor trustee?

Most California trusts allow “reasonable compensation” for the trustee. Family-member trustees often waive it; corporate trustees charge a percentage. Document any fees you take.

What if I don't want the job?

You can decline by signing a written declination, which is the cleanest move. If you start administering and then resign mid-way, court procedures are required to formally remove you — messier and more expensive.

Do I have to give beneficiaries a copy of the trust?

Yes — under Cal. Probate Code § 16061.5, beneficiaries are entitled to a copy of the trust instrument upon request after it becomes irrevocable.

When is administration considered complete?

Practically, when all trust assets have been distributed and a final accounting (or waiver) is signed by all beneficiaries. Simple trusts settle in 9-12 months. Trusts with real estate or business interests routinely take 12-24 months.

Successor Trustee Duties Checklist (California)

For Successor Trustees

If you have just been named successor trustee of a California living trust, you have stepped into a fiduciary role with real legal exposure. The trustee's duties — loyalty, prudence, impartiality, accounting — are defined by the California Probate Code § 16000 et seq. Mistakes can result in personal liability.

This checklist covers the first 12 months of administration in roughly the order things have to happen.

Successor trustees who treat the role like an executor walk into avoidable trouble. A California trustee's duties begin the moment they accept the role — not when the court appoints them, because there is no court.

First 30 days

Locate the trust instrument and amendments. Original signed copies preferred.
Order 10-15 certified death certificates. Banks, brokers, and county recorders each want originals.
Accept the trustee role formally. Some trusts require a written acceptance. Until accepted, you have no authority.
Obtain an EIN for the trust from the IRS — the decedent's SSN can no longer be used.
Secure trust assets. Change locks on real estate, take possession of valuables, redirect mail.
Open a trust bank account in the trust's name using the new EIN.
Inventory all trust and non-trust assets. Distinguish what is in the trust from what is held outside (joint tenancy, beneficiary-designated, individually-titled).

The 60-day § 16061.7 notice (do this on time)

Within 60 days of the trust becoming irrevocable (typically the date of the settlor's death), the trustee must send a written notice to every beneficiary and every heir at law under California Probate Code § 16061.7.

“A trustee shall serve a notification by the trustee… not later than 60 days from the date of the occurrence of the event requiring service of the notification.”

— Cal. Probate Code § 16061.7(c)

The notice triggers the beneficiaries' 120-day window to contest the trust (Cal. Probate Code § 16061.8). Failing to send the notice tolls the contest period indefinitely — a beneficiary can challenge years later. See our detailed guide: § 16061.7 notification.

Months 2 through 6

Notify creditors. Unlike probate, California does not require a published notice. But the trustee can voluntarily publish under § 19000 et seq. to cut off late claims with a four-month bar — useful when creditor exposure is uncertain.
Pay the decedent's final bills. Use trust funds, not your personal money.
File the decedent's final personal income tax returns (1040 federal and 540 California) by April 15 of the following year.
Begin appraisals. Real estate, businesses, and unique tangibles need date-of-death values for the estate tax return and the basis step-up.
Determine if a federal estate tax return is due. Required if gross estate exceeds $15 million. Due 9 months after death.
Make preliminary distributions if the trust allows — but only after enough funds are reserved for taxes and expenses.

Ongoing fiduciary duties

Duty of loyalty (§ 16002): Act solely in the beneficiaries' interest. No self-dealing — you cannot buy trust assets at a discount.
Duty of impartiality (§ 16003): Treat all beneficiaries fairly. Favoritism toward one is breach.
Duty to keep informed (§ 16060): Keep beneficiaries reasonably informed about administration.
Duty to account (§ 16062): Annual accountings are required unless waived by the trust or all beneficiaries.
Duty of prudence (§ 16040): Manage and invest trust assets as a prudent investor would.

Frequently asked questions

Can I be the successor trustee and a beneficiary?: Yes, and that is the most common pattern in California. But your duties as trustee come first — you cannot favor your share of distributions over other beneficiaries' shares.
Do I get paid as successor trustee?: Most California trusts allow “reasonable compensation” for the trustee. Family-member trustees often waive it; corporate trustees charge a percentage. Document any fees you take.
What if I don't want the job?: You can decline by signing a written declination, which is the cleanest move. If you start administering and then resign mid-way, court procedures are required to formally remove you — messier and more expensive.
Do I have to give beneficiaries a copy of the trust?: Yes — under Cal. Probate Code § 16061.5, beneficiaries are entitled to a copy of the trust instrument upon request after it becomes irrevocable.
When is administration considered complete?: Practically, when all trust assets have been distributed and a final accounting (or waiver) is signed by all beneficiaries. Simple trusts settle in 9-12 months. Trusts with real estate or business interests routinely take 12-24 months.

Talk to us about your situation

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