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Home→Tools→Trustee Duties Checklist→California

What Are My Duties as Trustee in California?

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

A successor trustee in California has a fiduciary duty to manage trust assets prudently, notify beneficiaries, pay debts and taxes, and distribute assets according to the trust terms.Cal. Prob. Code § 15000 et seq.Verified May 31, 2026 Unlike probate, trust administration is private and does not require court involvement.

California requires the successor trustee to notify qualified beneficiaries of the trust's existence and the trustee's contact information within 60 days of the grantor's death.Cal. Prob. Code § 15000 et seq.Verified May 31, 2026 The notice typically includes the trustee's name and address, and the beneficiary's right to request trust information.

When the grantor dies, the revocable trust becomes irrevocable and requires its own EIN (Employer Identification Number) from the IRS. The trustee must file Form 1041 (U.S. Income Tax Return for Estates and Trusts) for any income earned by trust assets after the date of death. The trust may also need to file a California state income tax return.

California requires trustees to maintain detailed records of all trust transactions, including income, expenses, distributions, and investment decisions.Cal. Prob. Code § 15000 et seq.Verified May 31, 2026 Beneficiaries have the right to request accountings. Proper documentation protects the trustee from liability claims and provides transparency for beneficiaries.

Trustee compensation in California is based on reasonable compensation for the services performed. Professional trustees typically charge 0.5-1.5% of trust assets annually. Individual (non-professional) trustees often reference executor fee guidelines (2-5% of estate value) as a benchmark. See the California trustee compensation guide for details.

Trust administration in California typically takes 6-12 months, compared to 12-18 months for average probate cases.Cal. Prob. Code §§ 10800, 10810 (statutory fee schedule: 4%/3%/2%/1%/0.5%/reasonable on gross estate value), 13100 (personal property affidavit), 13200 (real property affidavit), 13150-13157 (primary residence succession; amended by AB 2016, Stats. 2024, ch. 331, eff. Jan 1, 2025), 890 (CPI adjustment mechanism: April 1 every 3 years). Small estate thresholds verified against courts.ca.gov self-help page (deaths on/after April 1, 2025: § 13100 = $208,850, § 13200 = $69,625, §§ 13150-13157 primary residence = $750,000; next adjustment April 1, 2028). § 8480 (bond required before letters), § 8481 (will waiver or all-beneficiary written waiver; court retains good-cause authority), §§ 8901-8902 (probate referee appraises all non-cash assets), § 8961 (0.1% commission), § 8963 ($75 min, $10K max), § 8120 (publication of notice of petition), §§ 10400-10592 (IAEA independent administration), § 9100 (creditor claims: later of 4 months from letters or 60 days from notice). Verified 2026-05-31.Verified May 31, 2026 Trust creditors have 12 months to file claims, compared to 4 months for probate creditor claims. Trust administration avoids court involvement, public filings, and many of the procedural delays associated with probate. See the California estate settlement guide for a complete overview.

Trustee Duties in California

As successor trustee in California, beneficiary notification is YesCal. Prob. Code § 15000 et seq.Verified May 31, 2026. The deadline is 60 daysCal. Prob. Code § 15000 et seq.Verified May 31, 2026 after the grantor's death or when you accept trusteeship. The state has its own trust statute (NoCal. Prob. Code § 15000 et seq.Verified May 31, 2026), establishing the framework for all trustee obligations.

Trust creditors in California have 12 monthsCal. Prob. Code § 15000 et seq.Verified May 31, 2026 to file claims. Unlike probate, which takes 9 monthsCal. Prob. Code §§ 10800Verified May 31, 2026 to 12 monthsCal. Prob. Code §§ 10800Verified May 31, 2026 for simple estates, trust administration is typically completed in 6-12 months without court involvement. The trustee manages creditor claims, tax filings, and distributions privately.

After obtaining an EIN and opening trust accounts, the trustee manages investments, pays debts and expenses, files tax returns (Form 1041), and distributes assets per the trust terms. Detailed record-keeping protects the trustee from liability and satisfies beneficiary requests for accountings.

Trustee compensation is based on reasonable fees for services performed. The California trustee compensation guide covers fee structures and benchmarks. For estates that also involve probate assets, the estate settlement checklist coordinates both processes.

SimplyTrustSimplyTrust Editorial·Updated May 31, 2026

Legal Sources

  • Cal. Prob. Code § 15000 et seq.
  • Cal. Prob. Code §§ 10800

Data sourced from California statutes and official state code. How we research.

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California Estate Planning Resources

In-depth guides covering California probate laws, trust requirements, and estate planning strategies.

Get Your Trustee Checklist

Answer a few questions to get a personalized checklist for your situation.

This checklist provides general guidance for trust administration. Requirements vary by state and trust document. Consult a licensed attorney for legal advice.

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Named as Trustee

Named as Trustee

Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.

Learn more