The Essential Guide to Trust Administration After Death

Despite the prevalence of trust administration in our legal practice, it has received limited coverage to this point, which this article aims to rectify by providing a detailed guide on the subject.

The Preliminary Stage: Understanding Trust Administration

Trust administration is a complex process that differs significantly from establishing a trust or undergoing probate court proceedings. The process varies greatly depending on the assets involved and requires a tailored approach to manage both the assets and the personalities of the beneficiaries effectively. Unlike probate, trust administration is a private affair, often making the handling of difficult beneficiaries a more challenging task without the oversight of a court.

Key Responsibilities: Notice to Heirs and Beneficiaries

One of the initial duties of a trustee or successor trustee involves issuing notices to heirs and beneficiaries. This step is critical and governed by specific timelines and requirements, such as those outlined in California Probate Code Section 16061.7. This code specifies the language, timeline, and even the font size for the notices, which must be sent within 60 days of the trust becoming irrevocable, usually upon the death of the settlor.

Asset Management: Securing and Ascertaining Assets

Following the notification process, the successor trustee must secure the decedent’s assets, a task that may involve changing locks on property, digging through records to ascertain assets, and notifying third parties like utility companies and financial institutions of the decedent's passing. This stage also includes obtaining an Employer Identification Number (EIN) for tax purposes, as financial activities post-death must be reported under the trust’s EIN.

The Big Middle: Marshaling the Assets

This phase involves the detailed work of closing accounts, transferring funds to the trust account, and preparing for the distribution of assets. Real property may need to be sold or transferred, and personal items must be dealt with according to the decedent's wishes or the terms of the trust. The successor trustee plays a crucial role in maintaining records and ensuring that assets are managed according to the trust's instructions.

Accounting and Distribution: Final Duties of the Successor Trustee

An essential duty of the successor trustee is to provide an accounting of the trust’s assets, liabilities, and transactions. This includes presenting a detailed record of the administration process to beneficiaries, which may require the preparation of a court-formatted accounting if demanded. Successful trust administration culminates in the distribution of the trust's assets to the beneficiaries, after settling taxes and retaining a reserve for any final expenses.

Understanding the Scope of the Administration

Administering a trust after the death of a loved one involves a series of complex, nuanced steps designed to ensure that the decedent's assets are distributed according to their wishes. While this overview provides a foundational understanding, each trust administration is unique and may present its own set of challenges and requirements.

BETHEL LAW CORPORATION
ESTATE PLANNING | ELDER LAW | BUSINESS PLANNING

CLICK HERE OR CALL US AT 909-307-6282 TO SCHEDULE A FREE CONSULTATION.

Featured