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California Trust Administration Attorney

Guiding successor trustees and beneficiaries through the duties, deadlines, and distributions that follow when a loved one passes away with a living trust.

Schedule a Free Consultation (415) 275-1492

When someone passes away with a living trust, the trust does not settle itself. A successor trustee steps in and takes on the legal duty of gathering assets, paying debts and taxes, keeping beneficiaries informed, and distributing what remains according to the trust.

Trust administration is that process. It happens largely outside of probate court, but it still carries real deadlines, fiduciary duties, and personal responsibility for the trustee.

Corcoran Smith Law guides California trustees and beneficiaries through trust administration, from the first notice to the final distribution. If the trust was never properly funded, we also handle the drafting and funding work needed to set things right.

Newly named trustee? Start before you act.

The decisions a trustee makes in the first weeks can be hard to undo. Sending the wrong notice, distributing too early, or missing a tax or property filing can create personal liability.

Speak with counsel before you distribute assets, sign anything as trustee, or tell beneficiaries how the trust will be handled.

When to speak with a trust administration attorney

Trust administration moves on deadlines that are easy to miss when you are also grieving. A missed notice, an early distribution, or an overlooked tax filing can narrow your options and expose the trustee personally.

Reach out if any of these apply:

  • You were named successor trustee and are not sure of your duties or deadlines
  • You need to send the required notice to beneficiaries and heirs
  • The trust holds California real estate that must be retitled or sold
  • Beneficiaries are asking for information, accountings, or distributions
  • The estate may owe debts, taxes, or face creditor claims
  • You are a beneficiary and the trustee is not communicating or distributing
  • There is tension between beneficiaries, or a blended family is involved
  • You are worried about personal liability for the decisions you make as trustee

What a successor trustee has to do

A trustee holds legal title to the trust property and owes fiduciary duties to the beneficiaries. The work generally follows the same arc, in roughly this order:

  • Locate and review the trust, any amendments, and the pour-over will
  • Send the trustee’s notification required under California Probate Code section 16061.7, generally within 60 days
  • Identify, secure, and value trust assets, including real property, accounts, and personal property
  • Obtain date-of-death valuations and a tax identification number for the trust
  • Pay the settlor’s final debts, expenses, and taxes from trust assets in the correct order
  • Keep clean records and prepare an accounting for beneficiaries
  • Handle property tax filings, including Prop 19 and parent-child exclusion paperwork
  • Distribute assets to beneficiaries according to the trust, then record deeds to transfer real property

Each step has its own rules. The order matters, because paying or distributing out of sequence is one of the most common ways a trustee creates personal exposure.

How long does trust administration take?

The timeline depends on the trust, the assets, and the family.

A straightforward administration with cooperative beneficiaries and simple assets can be completed in a matter of months. Trusts that hold real estate, a business, or assets in several places, or where beneficiaries disagree, take longer.

Tax matters can also extend the timeline. The trustee may need to file the settlor’s final income tax return, a trust return, and, for larger estates, a federal estate tax return.

Moving carefully early usually saves time later. Rushing a distribution before debts and taxes are resolved is one of the most common ways an administration goes wrong.

Do you still need probate if there is a trust?

A properly funded living trust generally keeps its assets out of probate. That is the main reason families create one.

But a trust only controls the assets actually titled in its name. A house that was never deeded into the trust, or an account that was never retitled, can still require probate even when a trust exists.

Part of trust administration is checking what was funded, using the pour-over will and, where it applies, a Heggstad petition to bring stray assets into the trust, and avoiding a full probate where possible.

Common trust administration mistakes

Most problems we are called in to fix were avoidable. The trustee meant well but acted out of order, or without knowing what the law required.

  • Distributing assets before debts, taxes, and expenses are resolved
  • Missing the notice deadline to beneficiaries and heirs
  • Failing to obtain date-of-death valuations for trust property
  • Overlooking Prop 19 reassessment and parent-child exclusion filings
  • Commingling trust funds with personal accounts
  • Delaying or skipping the accounting beneficiaries are entitled to
  • Treating beneficiaries unequally, or appearing to favor one over another
  • Acting without understanding a trustee’s fiduciary duties and personal exposure

How we help trustees and beneficiaries

We can guide a trustee through the entire administration, or step in for a single piece of it. For beneficiaries, we make sure you receive the notice, information, and accounting you are owed. Our work includes:

  • Reviewing the trust, amendments, and pour-over will
  • Preparing and sending the required beneficiary and heir notices
  • Building an asset inventory and obtaining date-of-death valuations
  • Guiding debt, expense, and tax payment in the correct order
  • Preparing trustee accountings and responding to beneficiary requests
  • Handling Prop 19 and property tax filings
  • Recording deeds and transferring real property to beneficiaries
  • Advising on fiduciary duties and reducing personal liability
  • Resolving beneficiary disagreements before they become litigation

Why Corcoran Smith Law Corp.

Trust administration sits at the intersection of grief, money, family history, and legal duty. The trustee’s job is to bring order to that, and ours is to make the trustee’s job defensible.

Corcoran Smith Law is a California firm with offices in Sacramento and San Francisco. We are veteran owned. The partner works the matter, and clients are not handed off to a junior associate after the first call.

Because we also handle trust and estate litigation, we administer trusts with an eye toward what causes disputes: vague records, late accountings, and uneven treatment of beneficiaries. We help trustees close the trust cleanly and reduce the risk of being second-guessed later.

Free download

Know Your Rights as a California Beneficiary

When a trustee goes quiet, an accounting never comes, or a late amendment changes everything, the law still gives you specific rights and deadlines. Our plain-English guide explains what you are owed, the questions to ask, and the steps to take before you sign or accept anything.

Corcoran Smith Law Beneficiary Rights Guide

Get the free guide

A plain-English guide for California beneficiaries. Instant download, no obligation.

Frequently asked

Trust administration questions

  • Does a living trust avoid probate in California?

    A properly funded revocable living trust generally keeps the assets titled in its name out of probate, which is the main reason families create one. A trust only controls what was actually retitled into it, so a home that was never deeded into the trust or an account that was never moved can still require probate. Part of trust administration is checking what was funded and, where possible, using the pour-over will or a Heggstad petition to avoid a full probate.

  • What does a successor trustee have to do?

    A successor trustee gathers and values the trust assets, sends the required notice to beneficiaries and heirs, manages and protects trust property, pays the settlor’s debts, expenses, and taxes in the correct order, keeps records and prepares an accounting, handles property tax and Prop 19 filings, and then distributes what remains according to the trust. It is a fiduciary role with real deadlines and personal responsibility.

  • How long does trust administration take?

    The timeline depends on the trust, the assets, and the family. A straightforward administration with cooperative beneficiaries and simple assets can be completed in a matter of months. Trusts that hold real estate, a business, or assets in several places, or where beneficiaries disagree, take longer. Tax filings can also extend the timeline.

  • Do beneficiaries have a right to information?

    Yes. California beneficiaries are entitled to the trustee’s notice and, on request, a copy of the trust along with reasonable information and accountings about how the trust is being administered. A trustee who withholds this information can face challenges in court.

  • Can a trustee be held personally liable?

    A trustee who breaches a fiduciary duty can be held personally liable and surcharged for resulting losses. Following the right process, documenting decisions, treating beneficiaries even-handedly, and getting advice before acting all reduce that risk.

  • Do I need an attorney to administer a trust?

    You are not required to hire one, but California trust administration involves statutory notices, deadlines, tax and property filings, and fiduciary duties. Counsel helps trustees move in the right order, keep clean records, and avoid the mistakes that lead to personal liability or beneficiary disputes.

Client reviews

What our clients say

4.9 · 21 Google reviews
  • Cannot say enough about the incredible team at Corcoran Smith Law. When my family found ourselves in one of the most painful and complicated situations imaginable involving elder abuse, an inheritance dispute, and a serious breach of fiduciary duty. We didn't know where to turn. From the very first consultation, this firm made us feel heard, protected, and confident that we were in the right hands. The attorneys took the time to thoroughly explain every option available to us, the risks and benefits of each path, and ultimately helped us chart the best course of action for our specific circumstances. Their knowledge of elder law and fiduciary matters is truly exceptional, but what set them apart was their genuine compassion. They understood that this wasn't just a legal case, it was personal, it was emotional, and it involved protecting a vulnerable loved one. Throughout the entire process, communication was clear, timely, and reassuring. We never felt lost or left in the dark. They fought tirelessly on our behalf and achieved an outcome we are deeply grateful for. If you or your family are facing elder abuse or a complex estate and fiduciary dispute, do not hesitate, call Corcoran Smith Law. They are the advocates you need and the ones your family deserves.
    Amanda Cichosz May 2026 · Google
  • Thank you Nicholas Jacobs for your professionalism, attentiveness and commitment to helping us with some legal documentation. If you’re looking for a lawyer who’s articulate, knowledgeable and makes you feel comfortable, look no further! We’re so fortunate we had Nicholas help us navigate our needs every step of the way.
    Nagam Jabbar October 2024 · Google
  • Nicholas Jacobs is an excellent attorney and an extraordinary human being. He has shown compassion, patience and kindness during a very difficult time. I greatly appreciate Nick's knowledge and expertise. His listening skills, intuition, patience, and clear explanations have been invaluable. I dreaded having to find an attorney to help me navigate this very difficult time, and I am so grateful to have found Cocoran Smith Law Corporation and Nicolas Jacobs. He has truly been more than I hoped for or expected.
    Sherri Bilbro May 2026 · Google
  • My husband and I had an outstanding experience working with Nick Jacobs at Corcoran Smith Law. From our very first meeting, Nick made us feel comfortable and confident in the process of setting up our trust. He was incredibly knowledgeable, patient, and thorough—taking the time to explain every detail and answer all of our questions with clarity and care. Nick truly listened to our goals and concerns and guided us through each step with professionalism and kindness. What could have been a stressful experience was made smooth and seamless thanks to his expertise and calm approach. We are so grateful for his support and highly recommend Nick Jacobs and the entire team at Corcoran Smith Law to anyone in need of a trustworthy and skilled estate or trust attorney.
    Crystal Wilson August 2025 · Google
  • I am very grateful to Corcoran Smith Law Corp for their outstanding support with my legal matter. From the very beginning, my lawyer took the time to truly listen to my concerns and explained everything clearly so I could understand the process. Nick was patient, compassionate, and always kept me updated, which gave me peace of mind during a very stressful time. His communication was excellent. I never felt left in the dark and always knew what was happening with my case. I felt like I had someone genuinely on my side who cared about the outcome. I highly recommend him and the entire team at Corcoran Smith Law Corp for anyone who needs legal guidance. They are professional, knowledgeable, and dedicated to their clients.
    Rosheil Major August 2025 · Google
  • Attorney Nicholas Jacobs has been amazing to us during this difficult battle involving my father’s home. He has been compassionate, attentive, and consistently took the time to explain everything clearly. During an emotionally exhausting situation, he made us feel supported, heard, and confident that our case truly mattered. We are deeply grateful for his professionalism and dedication. Thank you
    Wendy Bracy January 2026 · Google
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Talk to a California trust administration attorney

A free consultation is the simplest place to start. Tell us where the trust stands, and we will help you understand the next step.

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