CALIFORNIA TRUST ADMINISTRATION │ STATEWIDE

You were named successor trustee. Here is your guide.

Experienced California attorneys who walk you through every step of administering a living trust. From the first beneficiary notice to the final distribution. Fixed fee, starting at $7,500. Throughout California.

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YOU WERE CHOSEN

You did not ask for this job. Now you have it.

Someone you loved died and left you in charge. They picked you because they trusted you and because they believed you could handle it. You probably can. Most successor trustees we work with had no idea what trust administration was until they were doing it.

There is real work ahead of you. California Probate Code section 16061.7 gives you 60 days to send formal notice to the beneficiaries and heirs. The original will has to be lodged with the local probate court. The decedent's Social Security number is deactivated at death, so you will need to get an Employer Identification Number from the IRS for the trust.

You have a fiduciary duty to the beneficiaries, which means you can be held personally liable if you miss a step. None of this is intuitive. None of it is something you should figure out alone.

Most trustees hire an attorney. We work with hundreds of them across California. We will walk you through every step, in plain English, on your timeline.

why trustees hire us

Experienced attorneys, attorney-direct work, fixed fees, throughout California.

Trust administration is a job most successor trustees never imagined doing. There are deadlines you have not heard of, statutes you have not read, and a fiduciary duty to beneficiaries who are watching every move. The right firm walks you through the work in plain English, handles the legal pieces directly, and stays with you from the first call to the final distribution. No billable hours. No surprises. Most administrations are done in four to six months.

Experienced attorneys

Our attorneys have handled hundreds of California trust administrations. Estate planning and trust administration are what this firm does.

Attorney-direct from start to finish

You work with one attorney through the entire administration. No handoff to a paralegal after the first meeting. Same attorney on the first call, the 16061.7 notice, the accounting, and the final distribution.

Fixed fee, no billable hours

We quote a fixed fee in writing before the engagement starts. No hourly billing. No surprise invoices for phone calls.

Throughout California, by Zoom, or in person

Many of our trust administrations happen virtually. Trustees in Los Angeles, the Bay Area, Orange County, San Diego, the Central Coast, the Central Valley, and the North Coast. Sacramento area clients usually work with us in our El Dorado Hills or Roseville office.

First call and intake

A free initial Zoom or phone call. You tell us what happened, who you are in the trust, and what you know about the trust estate and people involved. We tell you what to expect, what the timeline looks like, and what it will cost. If we are a fit, we send you a written fee agreement and a short intake list.

Notices, EIN, and asset gathering

Within 60 days of death we send the California Probate Code section 16061.7 notice to every heir and beneficiary, which starts their 120-day clock to contest. We lodge the original will with the local probate court. We get the trust's EIN from the IRS, prepare the Certification of Trust, and help you open the trust bank account. You start gathering statements and we start building the asset list.

Administration: accounts, real property, taxes

We help you consolidate the financial accounts into the trust bank account and liquidate brokerage holdings. We record the Affidavit Death of Trustee for each piece of California real property and file the Change in Ownership Report and, where it fits, the Proposition 19 parent-child exclusion claim. We coordinate with your accountant on the decedent's final Form 1040 and the trust's Form 1041. If the first spouse has died and 706 portability is on the table, we coordinate with the accountant to file the return. If the trust was not fully funded, we file a Heggstad petition to bring assets in without a full probate.

Accounting, waivers, distribution

We prepare the trust accounting and send it to the beneficiaries with a waiver of the 120-day contest period and a waiver of further accounting. Once the waivers come back, we work with you to make the primary distributions. You will hold a reserve for final tax returns and any late bills, and about one year later distribute the balance.

what it costs

Fixed fee, starting at $7,500.

Many firms bill by the hour or charge a percentage of the estate. We charge a fixed fee, starting at $7,500. The fee can vary based on the situation.

Four things drive the fee: the size of the estate, the complexity of the assets, the number and type of beneficiaries (adults, children, or charities), and family dynamics, which is often the biggest factor. When the beneficiaries get along, the work goes smoothly, and the fee is lower. When they're fighting each other or the trustee, it takes far more time and effort, and the fee is higher.

We use flat fees for a reason. Trustees often feel a tension with their own attorney: they need to ask a question, but they don't want to be billed $500 every time they pick up the phone. So they hesitate, they guess, and small problems grow into expensive ones. A flat fee removes that tension entirely. There is no meter running, so you call when you need to. Eliminating billable hours puts us and the trustee on the same team, working toward the same finish line: a clean, complete administration and a distribution everyone can trust.

How long does a California trust administration take?

Four to six months for a straightforward estate. A contested accounting, a real property sale that drags, or a business interest that has to be valued can push it out further.

Do I have to go to probate court?

No, so long as the trust was funded correctly during the decedent's lifetime. Trust administration happens outside probate court. If assets were left out of the trust, we may be able to file a Heggstad petition to bring them in without a full probate.

What if some assets weren't titled to the trust?

Common, and usually fixable. California allows trustees to file a Heggstad petition asking the probate court to confirm that an asset belongs in the trust based on the decedent's clear intent. The petition is faster and cheaper than a full probate, and it's the standard fix when a house, bank account, or brokerage account got left out of the trust.

What is the 16061.7 notice, and when does it have to go out?

California Probate Code section 16061.7 requires the trustee to send a written notice to the decedent's heirs and beneficiaries within 60 days of death. The notice triggers a 120-day window during which beneficiaries can contest the trust. We draft the notice and mail it on your behalf.

Can I be held personally liable as successor trustee?

Yes. A trustee owes a fiduciary duty to the beneficiaries. Missed notices, premature distributions, mismanaged assets, or sloppy accounting can each result in personal liability. Hiring an attorney is cheap insurance and the reason most successor trustees retain one.

How does trust administration compare to probate?

Trust administration happens outside of court. Probate happens inside it. A typical California probate on a $1 million estate takes 12 to 18 months and costs roughly $40,000 to $50,000 in statutory attorney and executor fees plus court costs. Trust administration usually finishes in four to six months, with a flat fee that starts at $7,500. Your loved one built the trust to avoid probate.

What happens to the family home under Proposition 19?

It depends on what the inheriting children do with the home. If a child makes it a primary residence within one year and files the BOE-19-P parent-child exclusion claim, the property tax can largely stay the same, subject to a value cap above the original assessed value. If the children decide to rent the home, use it as a second home, or sell it, the county reassesses at date-of-death value and the property tax resets. We walk you through this.

What if I don't know what I'm doing?

Most trustees don't. And why would you, unless you've done this before? That's why we're here.

How to Reach Us

Call, email, or send us a note. One of our attorneys will get back to you the same day, always within one business day. The intro call is free.

Phone +1 (800) 394-1988
Email hello@clarkallison.com
Headquarters 4944 Windplay Drive, Suite 117, El Dorado Hills, CA 95762