Trust Administration: The First And Most Important Step.

Trust administration is a necessary process that occurs after the death of either one or both settlors. There are many things that must be done to ensure proper administration. Many of these steps are designed to protect the successor trustees. This is part one of an occasional series on this important topic.

Trust administration begins with a required probate code notice to all trust beneficiaries and heirs of the settlors.

California probate code section 16061.7 states that such notice must be sent within 60 days of the death of a settlor and allow the recipient of the notice to request a copy of the trust. After receiving the mailed notice, the recipient has 120 days from the date of mailing to file a trust contest. If no contest is filed within a 120 days then the notice recipient may forfeit their right to file a contest.

But if no notice is mailed the statute of limitations in which a trust contest could be filed is much greater, and could be up to at least four years.

Beware: many successor trustees who handle trust administration without the advice of an attorney often skip this very important step.

Working with an attorney for trust administration is a rather straightforward process and will give the successor trustees a great peace of mind throughout the administration.

Comments

[Anna Zara]

>Trust administration begins with a required probate code
>notice to all trust beneficiaries and heirs of the settlors.

Does the group of beneficiaries and heirs include just those
named in the trust of does the group include all living blood
relatives?