The process that unfolds after the death of the principal of the trust is often referred to as “trust administration”.  Under California law, the original will of the decedent, along with any codicils to the will, must be filed within 30 days of the date of death with the county clerk in the county where the decedent resided at the time or his or her death. A copy of the will must be mailed to the executor named in the will, even if probate proceedings are not required.

While all living trusts have common elements, they are nonetheless unique, and the individual aspects of each estate, as well as the plans for its survival, require that a great deal of care is taken when a living trust is first established—as well as giving it ongoing attention leading up to when it will eventually be administered.

A trust typically terminates when the grantor dies, and its assets are then distributed to whomever the grantor has designated. In most cases this is the grantor’s child or children, but a single grantor may have his or her trust go to anyone, including organizations. Since the trust’s founder is usually the trustee when the trust is created, upon his or her death a new trustee must be named. This new trustee will be responsible for operating the trust and, more importantly, carrying out the distribution of its assets.

Upon the death of the original trustee, a new trustee who is named in the trust agreement takes over administration of the trust. This person is designated the “successor trustee,” and all assets will have to be transferred and placed in this person’s name. Upon the death of the successor trustee, his or her child or other designated person who becomes the trustee must register all the trust’s assets in his or her name as successor trustee. An advantage of a living trust is that none of the assets in the trust are subject to probate.

If a family member has recently died who was an grantor of a trust to which you are a beneficiary, we invite you to contact The Law Offices of Esther Hopkins.  We’ll handle the legal matters on your behalf, so that the continuity of the trust is maintained.  The Law Offices of Esther Hopkins represents executors, administrators, and trustees in probate, estate, and trust and administrations throughout Southern California.

The Law Offices of Esther Hopkins is a California estate planning and business law firm serving the communities of Thousand Oaks, Camarillo, Newbury Park, Oxnard, Simi Valley, Westlake Village, Agoura Hills, Calabasas and Los Angeles.

To set up an appointment or to get answers to your questions right away, call us at 818-597-3500.