Trust Administration and California Probate Code Requirements.

Administering a Living Trust after someone dies is almost always much easier and, dare I say, more pleasant than probate administration. But, it's not all fun and games. Trust administration for a Living Trust has rules that must be followed by the California Probate Code.

To start, California Probate Code Section 16061.7 requires notification by trustee to beneficiaries/heirs of the person who passed away as the first step.

Some general highlights of Section 16061.7:

1. The notification by the trustee is usually required to be served on each beneficiary and each heir of the deceased settlor.

2. The notification by trustee shall be served by mail to the last known address or by personal delivery.

3. The notification by trustee shall contain the following information:

• The identity of the settlor or settlors of the trust and the date of execution of the trust instrument.
• The name, mailing address and telephone number of each trustee.
• The address of the physical location where the principal place of administration of the trust is located .
• Any additional information that may be expressly required by the terms of the trust instrument.

4. A notification that the recipient is entitled, upon reasonable request to the trustee, to receive from the trustee a true and complete copy of the terms of the trust.

There's much more to this Section than meets the eye at first glance. If you are concerned or want to ensure that the administration of the trust is properly handled, please consult with an attorney for legal advice concerning your situation.