Trust Administration After Death

What Happens After a Person With a Trust Dies?

Many people create a revocable living trust to help simplify the transfer of assets after death.

However, when the creator of the trust dies, the administration process is only beginning.

For families in San Jose, throughout Santa Clara County, and across Silicon Valley trust administration often involves a variety of legal, financial, and practical responsibilities.

The specific steps depend on the trust terms, the assets involved, and the family’s circumstances.

The Successor Trustee’s Role

When the creator of a trust dies, the successor trustee is generally responsible for administering the trust.

This often includes:

• locating trust assets;

• notifying beneficiaries;

• handling real estate;

• gathering financial information;

• paying debts and expenses;

• managing trust property; and

• distributing assets according to the trust.

Many trustees have never handled these responsibilities before and are unsure where to begin.

Common Trustee Questions

Successor trustees frequently ask:

• Do I need a lawyer?

• What notices must be sent?

• How long does trust administration take?

• Can trust property be sold?

• What records should I keep?

• What happens if beneficiaries disagree?

The answers often depend on:

• the trust terms;

• the assets involved; and

• family dynamics.

Trust Administration Is Different From Probate

Many people assume trust administration works the same way as probate.

In reality, the processes are often quite different.

Unlike probate, trust administration frequently occurs without ongoing court supervision.

This can make administration more efficient, but trustees still have significant legal responsibilities.

For an overview of probate proceedings, see How Probate Works in California.

What Duties Does a Trustee Owe?

Trustees generally have fiduciary duties to beneficiaries.

These responsibilities may include:

• acting in the beneficiaries’ best interests;

• managing trust assets prudently;

• maintaining records;

• providing required information to beneficiaries; and

• carrying out the terms of the trust.

Mistakes can create liability for trustees.

For additional information, see What Are a Trustee’s Duties in California?

Common Problems After Death

We frequently assist families with issues such as:

• partially funded trusts;

• inherited homes;

• sibling disputes;

• missing assets;

• outdated trust documents;

• trustee conflicts; and

• Heggstad petitions.

Early evaluation can often help prevent larger disputes and unnecessary delays.

What If Assets Were Never Transferred Into the Trust?

One of the most common trust administration problems occurs when a trust was created but never fully funded.

Families may discover that:

• a home was never transferred into the trust;

• bank accounts remain outside the trust; or

• ownership records were never updated.

When this happens, additional legal proceedings may be required.

For more information, see Why Funding Your Trust Is Just as Important as Signing It and Heggstad Petitions Explained: Fixing Trust Funding Problems in California

Helping Trustees Navigate the Process

Trust administration can feel overwhelming, especially while grieving the loss of a loved one.

Successor trustees are often expected to manage legal, financial, and family issues simultaneously.

Understanding the trustee’s responsibilities early in the process can help reduce mistakes and create a smoother administration for everyone involved.

Trustees and beneficiaries may also find these articles helpful:

• What Are a Trustee’s Duties in California?

• What Happens If a Trustee Refuses to Act?

• Why Funding Your Trust Is Just as Important as Signing It

• Heggstad Petitions Explained: Fixing Trust Funding Problems in California

• Can I Transfer My Home Into a Revocable Living Trust?

• How Probate Works in California

About the Author

Adam T. Evan is a California estate planning attorney serving individuals and families throughout San Jose, Santa Clara County, and Silicon Valley. His practice focuses on estate planning, probate, trust administration, and guardianships. He helps clients create practical estate plans, guide families through probate proceedings, and assist trustees with trust administration after the death of a loved one.

To schedule a consultation, contact the Law Office of Adam T. Evan at (408) 515-9005.