Practice Area
When someone dies with a living trust, the trust does not administer itself. Someone — the successor trustee — steps into the settlor’s shoes and becomes legally responsible for notifying beneficiaries, valuing and protecting assets, paying debts and taxes, accounting for every dollar, and distributing what remains.
It is a fiduciary job with statutory deadlines, and a trustee who gets it wrong can be held personally liable. Most people are handed the role at the worst possible moment, having never done it before.
That is the part we handle. Mains Law Office guides successor trustees through California trust administration from the first notice to the final distribution.
A living trust avoids probate court. It does not avoid the work.
What trust administration actually is
Trust administration is the private, out-of-court process of settling a trust after the person who created it dies. It is the trust equivalent of probate — with one significant difference: no judge supervises it, and no court schedule dictates its pace.
That privacy and speed are exactly why California families choose trusts. They also mean nobody is checking the trustee’s work until a beneficiary objects.
- Successor trustee
- The person named in the trust to take over on the settlor’s death. Usually a spouse or an adult child.
- Settlor (or trustor, or grantor)
- The person who created the trust and has now died.
- Beneficiary
- Anyone entitled to income or principal from the trust.
The deadlines that catch trustees out
California imposes real deadlines on a successor trustee, and the clock starts at death — not when the family feels ready.
The 60-day notice. Within 60 days of a revocable trust becoming irrevocable (usually the settlor’s death), the trustee must serve a written notification under Cal. Probate Code § 16061.7 on every beneficiary and every heir at law of the deceased settlor — including heirs who inherit nothing under the trust.
The 120-day contest window. Serving that notice starts a 120-day clock during which a beneficiary may bring an action to contest the trust. Serve it correctly and the window closes. Never serve it and the window never opens — leaving the trust open to challenge for years.
What the law requires of a trustee
A successor trustee is a fiduciary. California sets the standard, and “I did my best” is not the test.
- Loyalty — administer the trust solely in the beneficiaries’ interest (§ 16002).
- Impartiality — deal even-handedly with beneficiaries whose interests conflict (§ 16003).
- Prudence — manage trust assets with the care a prudent person would use (§ 16040).
- Disclosure — keep beneficiaries reasonably informed of the trust and its administration (§ 16060).
- Accounting — account at least annually to each beneficiary currently entitled to income or principal (§ 16062), in the form § 16063 requires.
A beneficiary who is not given a proper accounting can petition the court under § 17200 to compel one. At that point the private administration the family chose a trust to get is in front of a judge anyway.
What we handle for trustees
- The statutory notices — the § 16061.7 notification, prepared and served correctly on every beneficiary and heir, with proof of service.
- Asset inventory and date-of-death values — identifying what the trust holds, what it does not, and what needs an appraisal.
- Real property — deeds, title, and the county recording and property-tax filings that follow a death.
- Assets left out of the trust — the accounts and property that were never retitled, and the court petition sometimes needed to bring them in.
- Debts, expenses and taxes — final income tax returns, and estate tax filings where the estate is large enough to need one.
- Sub-trust splits — dividing into survivor’s and decedent’s trusts where the document calls for it, on the deadlines it sets.
- Trust accountings — prepared in the form § 16063 requires, so they hold up if questioned.
- Distribution — getting assets to beneficiaries with receipts and releases that close the trustee’s exposure.
How long it takes
A typical California trust administration runs 9 to 18 months from the settlor’s death to final distribution.
- 6 to 9 months — simple trusts holding cash and securities with cooperative beneficiaries.
- 9 to 18 months — the normal range for most families.
- 18 to 24 months — trusts with real estate, a business, or an estate tax filing.
For the month-by-month sequence, see our California trust administration timeline.
Trust administration compared with probate
| Trust administration | Probate | |
|---|---|---|
| Court supervision | None in the ordinary case | Required throughout |
| Typical duration | 9 to 18 months | 15 to 30 months |
| Public record | Private | Filings are public |
| Attorney fees | By agreement | Set by statute on the gross estate |
| Who acts | Successor trustee | Executor or administrator |
Probate fees are fixed by statute as a percentage of the gross estate — see our California probate fees guide for the schedule. Avoiding that schedule is a primary reason trust-based plans are standard in California where real estate is involved.
What it costs
Trust administration is not billed on the statutory probate schedule. California does not set a percentage for it, so the cost depends on what the trust holds and how much work the administration actually requires.
We quote trust administration per matter, after we have seen the trust document and know what is in it. A trust of cash and securities with one beneficiary is a very different engagement from one holding a rental property, a business interest, and a required sub-trust split.
Our published fee schedule covers estate planning packages. Administration is quoted separately.
Frequently asked questions
Do I need an attorney to administer a trust in California?
No. California does not require it, and cooperative families with a simple trust often handle administration themselves. Counsel earns its keep when there is real property, a business, a sub-trust split, an estate tax filing, a beneficiary who is unhappy, or a trustee who does not want personal exposure for a mistake.
What happens if I miss the 60-day notice?
The 120-day contest window never starts. The trust stays open to challenge, and a trustee who failed to give required notice may be answerable for the delay and expense that follow. The fix is to serve the notice properly as soon as the omission is found.
Can a beneficiary force me to provide an accounting?
Yes. A beneficiary may petition the court under § 17200 to compel an accounting. Providing one that meets § 16063 in the ordinary course is far cheaper than defending a petition.
What if assets were never put into the trust?
It is common. Assets left outside the trust do not pass under it, and depending on the value and type may need a court petition to be brought in. This is one of the most frequent reasons an otherwise simple administration needs counsel.
Are we the ones who created the trust?
Not necessarily, and it does not matter. We administer trusts drafted by other firms as often as our own.
Talk to us about the trust you are administering
The initial consultation is free and no-obligation. Call (949) 545-6504 or email with the details pre-filled.
If you have just been handed this role, bring the trust document and a list of what you think the trust owns. That is enough for a first conversation.