Wills, Trusts & Probate · When there’s a trust
Trust administration basics
In this guide
- After the trust creator’s death, a successor trustee manages and distributes trust property, usually without court supervision.
- The trustee must send a formal notice to beneficiaries and heirs within 60 days.
- Beneficiaries who receive that notice after a death generally have 120 days to contest the trust.
When a trust becomes irrevocable
When the person who created a revocable living trust dies, the trust generally becomes irrevocable and the successor trustee takes over. The trustee collects trust property, pays expenses and debts, keeps records, and distributes property according to the trust’s terms. This usually happens without court involvement unless a question or dispute is brought to the court.
The trustee’s notice
California requires the trustee to send a written notification to beneficiaries and legal heirs within 60 days. The notice includes information about the trust and the trustee and a statement about the time limit for contesting the trust.
Trustee duties
- Act in the beneficiaries’ interest and treat them impartially
- Keep trust property separate and keep records
- Keep beneficiaries reasonably informed and provide accountings as the law requires
Property left out of the trust
Property that was never transferred into the trust may still need to pass through probate or another court procedure, even when a trust exists.
Time frames in California law
- Trustee’s notice to beneficiaries and heirs: within 60 days (Probate Code § 16061.7).
- Contesting a trust after notice following the creator’s death: generally 120 days from service of the notice, or 60 days after a requested copy of the trust is delivered, whichever is later (Probate Code § 16061.8).
Common questions
Does a trust ever go to court?
It can. Trustees and beneficiaries can ask the probate court for instructions or to resolve disputes, but most trust administrations happen without court supervision.
Official sources for this guide
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