Trust Administration

The process that replaces probate – peace of mind

Southern California Trust Administration Lawyers

Honoring Your Loved One’s Wishes Effectively

One of the primary advantages of a trust (versus a will) is that a trust allows your family to avoid the process of probate. Trust administration is the process that replaces probate, allowing you to enjoy peace of mind while protecting the new trustee and beneficiaries. During trust administration, the administrator will notify all beneficiaries of the current settlor’s death, pass the trust into the care of a successor trustee, and distribute assets according to the terms of the trust.

Hiring an attorney to handle trust administration ensures that the process abides by California law while protecting your loved one’s estate. We’ll explain more below, but there are ways to ensure the process is both efficient and stress-free for you as the trust is settled. If you need seasoned trust administrators, turn to the estate planning attorneys at Holstrom, Block & Parke, a Professional Law Corporation. Our team has vast experience handling all matters of trust formation and administration. You can trust us to make the process as simple and clear as possible.

The First Step: Notifying Heirs & Beneficiaries

One of the most important steps in the trust administration process is notifying heirs and beneficiaries of the trustor’s death. You have 60 days to notify them—if done correctly, they will then have 120 days to contest the trust. If there are no contests in that period, all heirs and beneficiaries forfeit their right to contest the trust.

Here’s what happens if you fail to notify the beneficiaries:

California law stipulates that without a valid notification, the trust will be subject to legal contest for four years. That’s four years of vulnerability that no trustee wants to deal with. Keep in mind: notifying family members is only the first step.

Trust administrators can also assist with:
  • Ensuring assets left out of the trust avoid probate
  • Filing a simple petition to include intended assets in the trust
  • Transferring control of the trust to a new trustee quickly and easily
  • Helping the successor trustee settle the debts and taxes of the trustor