First Steps for a Successor Trustee in California

Someone you care about has passed away, and you've just learned you're the successor trustee of their living trust. You're grieving, and now you have legal responsibilities.

Take a breath. You don't have to do everything at once. Here are your first steps, in order of priority.

The First 24-48 Hours

Step 1: Locate the Trust Document

Before you can do anything, you need the trust itself.

Where to look:

• Deceased's home (safe, filing cabinet, desk)
• Safe deposit box
• Attorney who prepared the trust
• Family members who may have copies
• Deceased's financial advisor

What you need:

• Original trust document
• ALL amendments (labeled "First Amendment," "Second Amendment," etc.)
• Any trust restatement

Important: If you can only find a copy, that's okay to start. But try to locate the original.

Step 2: Read the Trust Carefully

Don't assume you know what the trust says. Read it completely, including:

• Who are the beneficiaries?
• What does each beneficiary receive?
• Are there any conditions on distributions?
• Are there special provisions for minors or disabled beneficiaries?
• Who are the alternate/backup trustees?
• What powers do you have as trustee?
• Are there any restrictions on your authority?
• What does it say about trustee compensation?

Take notes. Highlight important sections. You'll refer to this document constantly.

Step 3: Secure the Property

Protect the deceased's assets from loss, theft, or damage:

Home:

• Lock all doors and windows
• Consider changing locks (especially if keys are unaccounted for)
• Set the alarm if there is one
• Don't leave the home unattended for extended periods
• Tell neighbors the situation (they can watch for problems)

Valuables:

• Secure jewelry, cash, and collectibles
• Move extremely valuable items to a safe location
• Don't let anyone "borrow" items

Mail:

• Collect mail daily
• Watch for bills, account statements, and legal notices

Vehicles:

• Secure all vehicles
• Locate keys and titles

Step 4: Don't Distribute Anything Yet

This is crucial: Do NOT give assets to beneficiaries yet.

Even if a beneficiary says "Mom wanted me to have the jewelry," wait. You need to:

• Verify what the trust actually says
• Complete the required legal steps
• Wait for the 120-day contest period
• Ensure debts and taxes are paid first

Premature distributions can make you personally liable.

The First Week

Step 5: Get Death Certificates

You'll need certified death certificates for almost everything. Order 10-15 copies from:

• The funeral home (easiest)
• County Registrar's office
• California Department of Public Health

Why so many? Banks, investment companies, insurance companies, and government agencies each need their own original certified copy. Running out means delays.

Step 6: Contact an Attorney

Unless the trust is extremely simple (only cash, one beneficiary, no real estate), consult an estate planning attorney.

Why hire an attorney?

• Ensures you don't miss deadlines
• Prepares required legal notices
• Handles real estate transfers
• Advises on tax obligations
• Protects you from personal liability
• Fees are paid from trust assets (not your pocket)

First consultation questions:

• What are my immediate obligations?
• What's the timeline for this trust?
• What do you charge for trust administration?
• What mistakes should I avoid?

Step 7: Notify Key People

Make these calls and notifications:

Financial institutions:

• Banks where deceased had accounts
• Investment/brokerage firms
• Retirement account custodians

Don't ask to withdraw funds yet—just notify them of the death and that you're the successor trustee. Ask what they need from you.

Insurance companies:

• Life insurance policies (to file claims)
• Homeowner's/renter's insurance (to maintain coverage)
• Auto insurance (to maintain coverage)
• Health insurance (to cancel and handle final claims)

Government:

• Social Security Administration (to stop benefits and report death)
• Medicare (if applicable)
• Pension administrators
• Veterans Affairs (if applicable)

Employers:

• Deceased's employer (if recently employed)
• Ask about final paycheck, benefits, life insurance

Step 8: Pay Essential Bills Only

You need to keep assets protected, so pay:

✓ Mortgage payments ✓ Property taxes ✓ Homeowner's insurance ✓ Utility bills ✓ Car insurance ✓ Storage unit fees ✓ Security system

Pay from the deceased's accounts if possible, or track reimbursement if you pay personally.

Don't pay yet:

• Credit cards (unless secured debt)
• Medical bills (wait until you assess all debts)
• Personal loans
• Other unsecured debts

You'll address these later after inventorying all obligations.

The First Month

Step 9: Get an EIN for the Trust

The trust needs its own tax identification number (EIN) now that the trustor has died.

How to get it:

• Online at IRS.gov (fastest—takes 10 minutes)
• By mail using Form SS-4

Why you need it:

• To open a trust bank account
• For trust tax returns
• Financial institutions will require it

Step 10: Open a Trust Bank Account

Open a checking account in the trust's name:

Account title: "[Name] Trust, [Your Name], Trustee"

What you'll need:

• Trust document (or certification)
• Death certificate
• Your ID
• EIN for the trust

Use this account for:

• All trust income
• All trust expenses
• Keeping trust funds separate from your personal funds

Step 11: Send Required Notices

CRITICAL DEADLINE: 60 days from death (or becoming trustee)

California Probate Code §16061.7 requires you to notify:

• All beneficiaries named in the trust
• All legal heirs (people who would inherit if there were no trust)

The notice must include:

• Trust identification
• Your name and contact information
• That the trust is now irrevocable
• Their right to request trust terms
• The 120-day period to contest the trust

How to send:

• Certified mail, return receipt requested (keeps proof)
• Keep copies of everything

This deadline is strict. Missing it extends the time beneficiaries can contest the trust.

Step 12: Create an Asset Inventory

List everything the trust owns:

Asset Type	Description	Estimated Value
Real estate	123 Main St, Glendale	$850,000
Bank accounts	Chase checking	$45,000
Investments	Fidelity brokerage	$200,000
Retirement	IRA at Vanguard	$150,000
Life insurance	MetLife policy	$100,000
Vehicles	2020 Toyota Camry	$22,000
Personal property	Jewelry, furniture	$15,000

Also list debts:

• Mortgages
• Credit cards
• Medical bills
• Loans
• Taxes owed

This inventory guides everything you do next.

Common First-Month Mistakes

Mistake 1: Distributing assets early

Wait until the 120-day contest period expires and all debts/taxes are paid.

Mistake 2: Missing the 60-day notice deadline

Mark your calendar. Send notices by certified mail with proof.

Mistake 3: Using deceased's Social Security number

Get an EIN for the trust and use that going forward.

Mistake 4: Mixing trust funds with personal funds

Open a separate trust account. Never commingle.

Mistake 5: Making decisions without reading the trust

The trust is your instruction manual. Read it thoroughly.

Mistake 6: Throwing away documents

Keep everything. You may need it for tax purposes or beneficiary questions.

Mistake 7: Going it alone

Professional guidance pays for itself in avoided mistakes.

You've Got This

Being a successor trustee is a big responsibility, but thousands of people do it successfully every year. The key is:

• Take it step by step
• Meet your deadlines
• Document everything
• Get professional help when needed

Frequently Asked Questions

What is the 60-day notice requirement for successor trustees?

California Probate Code Section 16061.7 requires you to send a written notice to all trust beneficiaries and legal heirs within 60 days of the trustor's death or of you becoming trustee. This notice must include the trust name, your contact information, notification that the trust is now irrevocable, the beneficiaries' right to request a copy of the trust terms, and information about the 120-day period to contest the trust. You must send this notice by certified mail with return receipt requested to maintain proof of compliance. Missing this deadline extends the time beneficiaries have to contest the trust.

How soon can I distribute assets to beneficiaries as successor trustee?

You should wait at least 120 days after sending the required notice to beneficiaries before making distributions. This waiting period allows time for potential trust contests. Additionally, you must ensure all debts and taxes are paid first before distributing to beneficiaries. Premature distributions can make you personally liable if debts or taxes remain unpaid. For specific bequests of personal property, you may distribute after the 120-day period if the trust has sufficient assets to cover all obligations. Always consult with an attorney before making distributions to protect yourself from liability.

Do I need an attorney if I'm a successor trustee?

While not legally required, hiring an estate planning attorney is highly recommended unless the trust is extremely simple with only cash and one beneficiary. An attorney ensures you meet critical deadlines, prepares required legal notices correctly, handles real estate transfers, advises on tax obligations, and most importantly, protects you from personal liability for mistakes. Attorney fees are paid from trust assets, not your personal funds, so the cost doesn't come out of your pocket. Professional guidance typically prevents costly errors that far exceed the attorney fees.

Can I be paid for serving as successor trustee?

Yes, California law allows trustees to receive reasonable compensation for their services. The trust document may specify the compensation amount or method for calculating it. If the trust is silent, you're entitled to reasonable compensation based on factors like the time spent, complexity of duties, skills required, and customary fees in the area. Typical trustee fees range from 0.5% to 1.5% of the trust's annual value. However, if you're also a beneficiary, you should consider that trustee fees are taxable income while inheritances are tax-free, so waiving fees may be more advantageous.

What happens if I commingle trust funds with my personal accounts?

Commingling trust funds with personal funds is a serious breach of your fiduciary duty and can result in personal liability, removal as trustee, and potential legal action from beneficiaries. You must keep trust property completely separate from your personal property at all times. Open a separate bank account titled in the trust's name and use it exclusively for all trust income and expenses. Never mix trust money with your own, and never borrow from the trust even temporarily. Maintaining separate accounts protects both you and the beneficiaries.

Need Guidance?

The Law Offices of Rozsa Gyene helps new successor trustees get started right. We'll make sure you meet deadlines, avoid pitfalls, and fulfill your duties properly.

Call (818) 291-6217 for a consultation, or visit our contact page.

Serving Glendale, Burbank, Pasadena, and all of Los Angeles County.

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This article provides general information for new successor trustees in California. Every trust is different. Consult an attorney for advice specific to your situation.

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