Trust Administration Attorney in Orange County, CA
A living trust lets a family settle an estate without probate, but the successor trustee still takes on legal duties, deadlines and paperwork. The Soto Law Group advises trustees throughout Orange County, from the first notice to the last distribution. Most of that work happens outside court. If a court order is needed along the way, the Orange County Superior Court decides it, and its trust matters are currently heard at the Costa Mesa Justice Complex.
Learn more about our trust administration services.
A Successor Trustee's First Tasks
- Find the documents. Collect the trust, every amendment and the pour-over will, along with certified copies of the death certificate.
- Serve the trustee’s notice. California Probate Code Section 16061.7 sets a 60-day clock, starting when the trust becomes irrevocable, for the trustee to notify every beneficiary and heir. That notice generally starts a 120-day period for any trust contest, and the people who receive it can ask to see the trust’s terms.
- Separate the trust’s money. Obtain a tax identification number for the trust and move its cash into an account in the trust’s name.
- Take inventory. Appraise real estate and other non-cash assets carefully, since values on the date of death often set the new tax basis.
- Handle debts and taxes. Settle legitimate debts and expenses, then take care of the decedent’s final income tax returns and any returns the trust itself owes.
- Report and distribute. Give the beneficiaries an accounting, then distribute what remains under the trust’s terms.
Orange County Real Estate in a Trust
Real estate is often the largest asset in an Orange County trust, and it brings duties of its own. The trustee keeps up the property tax, insurance and any homeowners association dues while working out whether the home should be sold, rented or deeded to a beneficiary. Within 150 days of the death, a Change in Ownership Statement has to be filed with the assessor of the county where the property sits: the Orange County Assessor for a home here, and that county’s assessor for property in another California county. Proposition 19 also shapes the decision: a home inherited by a child from a parent is generally reassessed for property tax, and the exception for a child who moves in as a primary residence comes with a cap.
If the trust owns property in more than one city, our pages for Huntington Beach, Laguna Beach, Newport Beach, Anaheim, Irvine, Costa Mesa and Santa Ana describe the homes and questions trustees run into in each one.
Going to Court During a Trust Administration
Most trusts never see a courtroom, but sometimes filing in the Orange County Superior Court is the cleanest way forward. A trustee or beneficiary might ask the court to:
- Confirm that an asset the trust maker meant to include, but never transferred, belongs to the trust
- Instruct the trustee when the trust’s terms are unclear
- Order a trustee to account
- Remove a trustee who isn’t doing the job
We prepare these petitions and represent trustees when a beneficiary files one against them.
Accountings, Compensation and Timing
California generally requires a trustee’s accounting every year, again when the trust ends and whenever the trustee changes, subject to some exceptions. Trustees may take reasonable compensation for their work unless the trust provides otherwise. Many administrations wrap up within 12 to 18 months. A trust holding mostly cash can close sooner, while a property sale or a disagreement among beneficiaries can draw it out.
Frequently Asked Questions About Trust Administration in Orange County
Who must receive the trustee's notice?
The beneficiaries named in the trust and the trust maker’s heirs, meaning the people who would inherit if there were no estate plan. It is due within 60 days of the trust becoming irrevocable.
What if a house was never transferred into the trust?
The trustee may be able to petition the Orange County Superior Court to confirm that the house belongs to the trust, which can avoid a full probate for that property.
Can the trustee also be a beneficiary?
Yes. A successor trustee is often one of the beneficiaries, such as an adult child. That trustee still has to treat every beneficiary impartially and keep them informed.
Why Work With The Soto Law Group
Because we also write living trusts, we read the one in front of you with an eye to what its author meant it to do. Trustees work directly with Romelia “DeDe” Soto, whose legal experience spans more than 20 years, so you have someone to call whenever a question comes up.
Related Services in Orange County
Trust Administration in Other Locations
- Trust Administration in Newport Beach
- Trust Administration in Costa Mesa
- Trust Administration in Irvine
- Trust Administration in Riverside
- Trust Administration in San Bernardino
- Trust Administration in Huntington Beach
- Trust Administration in Laguna Beach
- Trust Administration in Santa Ana
- Trust Administration in Anaheim
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Get Guidance as a Successor Trustee
To schedule a meeting about a trust you’ve been asked to manage, call (949) 945-0059 or contact us online.