Being the successor trustee is a big responsibility, and almost nobody explains what comes next. California law sets deadlines that start on day one. Here we walk you through it step by step, and we prepare the documents so you can carry out exactly what your parents wrote.
By leaving a living trust, they spared your family the court, the costs and the long wait of probate. Now it's your turn to finish what they started: calmly, in order and following the law. We'll guide you every step of the way so you can honor their trust in you.
You are the person your parents chose to protect what they left and pass it on to the family exactly as they decided. Once the trust creator passes away, the trust can no longer be changed, and you are in charge.
Send written notice to the beneficiaries and heirs within the deadline the law sets.
Locate the house, the accounts and other assets, keep them safe and know what they are worth.
Cover debts, final expenses and taxes before distributing the inheritance.
Give each beneficiary exactly what your parents left in writing.
Save receipts and keep beneficiaries informed. Transparency prevents family fights.
The law requires you to act in the best interest of all the beneficiaries, not just your own share.
These are the key moments of administering a trust in California. Every family is different, but these deadlines apply to almost everyone.
Order several certified copies of the death certificate. Find the original trust, the deeds and the account statements. Secure the house and the car. Don't distribute anything yet.
The law requires you to notify all beneficiaries and legal heirs in writing that the trust can no longer be changed and that they have the right to request a copy.
California Probate Code § 16061.7Beneficiaries and heirs have 120 days from receiving the notice to contest the trust (or 60 days from receiving a copy of its terms during that period, whichever is later). Sending it on time and correctly brings certainty to the whole family.
California Probate Code §§ 16061.7 and 16061.8If a child is keeping the house, Proposition 19 may let them keep their parents' low property tax. To qualify, the child must move in and file for the exemption within one year. Miss the deadline and that benefit can be lost.
Proposition 19 · Form BOE-19-PDebts and final taxes are paid, beneficiaries are informed, and each one receives their share: the house, the accounts or the proceeds from a sale.
None of these mistakes come from bad intentions. They come from not knowing. And every one of them can be avoided.
While grieving, families often wait months to act. Meanwhile, the legal deadlines keep running.
✓ Book an appointment in the first few weeks.
Moving trust money into your personal account, even "just for now," can create legal problems with your siblings.
✓ Open an account just for the trust.
Silence creates distrust, and distrust creates fights. Many families split over poor communication, not money.
✓ Keep everyone informed, clearly and in writing.
If no one moves into the house or the exemption isn't filed in time, the county may reassess it, and the property tax can rise a lot.
✓ Decide as a family before the first year is up.
If you distribute the inheritance and debts or taxes show up later, you could be held responsible for them.
✓ Pay first, distribute second.
Don't worry. Most can be corrected if addressed early. In your free case review we look at where your case stands and what comes next.
Review my case for freeAt your direction, in English or Spanish, explained clearly so you can sign with confidence.
The legally required notice to beneficiaries and heirs, with the wording California law requires.
The document banks ask for to recognize you as the new trustee without showing the whole trust.
So the title to the house is recorded with the county in the successor trustee's name.
To move the house out of the trust to the children or beneficiaries when it's time to distribute.
Including the parent-to-child exclusion claim (BOE-19-P) under Proposition 19, when your case qualifies.
An organized list of assets, debts and distributions so the whole family can see everything clearly.
Roberto F. Gallegos
El Protector del Adulto Mayor · LDA #564
I came to this country in 1983, served as a U.S. Marine, and since 1991 I've helped more than 5,000 Hispanic families protect what they built. Today I see the sons and daughters of my clients walk into my office with their parents' trust in hand, not knowing where to start.
That's why we welcome you with respect, in English or in Spanish, in our own building in Santa Ana, to help you carry out your parents' wishes in order and without family conflict. Bring Mom's or Dad's relatives too; we speak their language.
“Your parents trusted you. I'll help you get it right.” — Roberto
Bring your parents to a FREE Family Meeting at our office. We'll explain, in English and Spanish, what you'll need to do when the time comes.
Parents don't have a trust yet?
$500 down + $250/month, no interest.
Tell us where you are: your parent just passed, it's been a few months, or you have questions about the house. We'll tell you honestly what comes next and give you the price in writing, with no surprises.
📍 1522 E. 4th Street, Suite 201, Santa Ana, CA 92701
In the same building since 1995.
The person the trust creator named to take control when they pass away or can no longer manage their affairs. The successor trustee protects the trust assets, pays debts and expenses, and distributes the inheritance to the beneficiaries exactly as the trust says.
No later than 60 days after the death, you must serve the Notification by Trustee on the beneficiaries and heirs (California Probate Code section 16061.7). The notice tells them they have 120 days to contest the trust, or 60 days from receiving a copy of its terms during that period, whichever is later.
Usually not. Assets titled in the name of the trust are administered without probate. But if an important asset was left outside the trust, it may need an additional process. That's why it's worth checking how each asset is titled first.
They may. Under Proposition 19, a child can keep the parents' taxable value only if the home was the parents' principal residence, the child moves in as their own principal residence, and files for the exemption within one year, subject to a value limit. If no one moves in, the home is normally reassessed. Rental properties no longer qualify.
Often yes, if the trust gives the successor trustee that power. Before selling, it's wise to get the title in order and talk as a family, especially about the property tax. We help with the documents and, if you'd like, with the sale.
Yes, it's very common for a child to be both. Just remember that as trustee you must treat all beneficiaries fairly and transparently, not only look after your own share.
Yes. We serve families in English and Spanish, so you, your siblings and your relatives can all understand every step.
No. Roberto F. Gallegos is a registered Legal Document Assistant (LDA #564) in Orange County. He is not an attorney and does not give legal advice: he prepares documents at the client's direction, at a fair price. If your case involves disputes, we'll tell you honestly.
A free case review today can save you from mistakes, missed deadlines and family conflict. In English or Spanish, with no pressure.
