What Are My Duties as Trustee?
Step-by-step guide for administering a trust after the grantor passes away. Answer a few questions to get a personalized checklist for your situation.
Frequently Asked Questions
Immediate priorities include obtaining certified death certificates (request 10-15 copies), locating the original trust document and any amendments, securing trust assets, and reviewing your duties under the trust terms. Other early tasks include notifying beneficiaries of the grantor's death.
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. After seeing what trust administration looks like firsthand, many trustees decide to set up a revocable trust of their own.
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.
A trustee's fiduciary duties are set by state law (e.g., Cal. Prob. Code § 16000 et seq.) and include: (1) the duty of loyalty — to administer the trust "solely in the interest of the beneficiaries" (§ 16002); (2) the duty of impartiality — to deal fairly with all beneficiaries when there is more than one (§ 16003); (3) the duty to account — to provide regular reports of trust activity to beneficiaries; and (4) the prudent investor rule — to invest and manage trust assets with the care a prudent person would use. Breach of these duties can result in personal liability for the trustee, which is why careful records and strict adherence to the trust document matter.
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.
