What Are My Duties as Trustee?

Yes, properly funded trusts avoid probate. Assets titled in the name of the trust pass directly to beneficiaries according to the trust terms without court involvement. This is one of the main advantages of a living trust over a will. If some assets were left outside the trust, use our Do I Need Probate? tool to check if those assets require probate.

Trust administration typically takes 6-12 months for straightforward situations. Complex trusts with multiple beneficiaries, real estate, or ongoing trusts for minor children may take longer. Unlike probate, there is no mandatory waiting period for creditor claims. Our Estate Settlement Checklist provides a complete timeline for your situation.

Yes, most states require successor trustees to notify beneficiaries within a specific timeframe (often 60 days) after the grantor's death. The notice must include your identity as trustee and information about the beneficiary's interest in the trust.

Yes, trustees have fiduciary duties to beneficiaries. You can be held personally liable for mismanagement, self-dealing, failure to account, or distributing assets without paying known debts. Keeping detailed records and following the trust terms carefully helps protect you.

Yes, after the grantor dies, an irrevocable trust needs its own Employer Identification Number (EIN) from the IRS. You cannot use the grantor's Social Security number after their death. Apply online at IRS.gov.