Does a living trust avoid probate in California?

A properly funded revocable living trust generally keeps the assets titled in its name out of probate, which is the main reason families create one. A trust only controls what was actually retitled into it, so a home that was never deeded into the trust or an account that was never moved can still require probate. Part of trust administration is checking what was funded and, where possible, using the pour-over will or a Heggstad petition to avoid a full probate.

What does a successor trustee have to do?

A successor trustee gathers and values the trust assets, sends the required notice to beneficiaries and heirs, manages and protects trust property, pays the settlor’s debts, expenses, and taxes in the correct order, keeps records and prepares an accounting, handles property tax and Prop 19 filings, and then distributes what remains according to the trust. It is a fiduciary role with real deadlines and personal responsibility.

Do beneficiaries have a right to information?

Yes. California beneficiaries are entitled to the trustee’s notice and, on request, a copy of the trust along with reasonable information and accountings about how the trust is being administered. A trustee who withholds this information can face challenges in court.

Can a trustee be held personally liable?

A trustee who breaches a fiduciary duty can be held personally liable and surcharged for resulting losses. Following the right process, documenting decisions, treating beneficiaries even-handedly, and getting advice before acting all reduce that risk.

Do I need an attorney to administer a trust?

You are not required to hire one, but California trust administration involves statutory notices, deadlines, tax and property filings, and fiduciary duties. Counsel helps trustees move in the right order, keep clean records, and avoid the mistakes that lead to personal liability or beneficiary disputes.

California Trust Administration Attorney

Guiding successor trustees and beneficiaries through the duties, deadlines, and distributions that follow when a loved one passes away with a living trust.

Schedule a Free Consultation (415) 275-1492

The attorneys on your case

Mark C. Smith

Principal Attorney & Founder

Berkeley Law · AmLaw Top 50 Firm · Federal Clerk · Combat Veteran
Nicholas Jacobs

Attorney, Estate Planning

Northwestern California Law
Seth Steward

Litigation Attorney

GW Law · Harvard Kennedy · Former Prosecutor · Air Force Veteran

Veteran-Founded & Led

Founded by Mark C. Smith, U.S. Army combat veteran.
Berkeley Law-Trained

Educated at UC Berkeley School of Law.
California Statewide

SF · Sacramento · Los Angeles · San Diego.

When someone passes away with a living trust, the trust does not settle itself. A successor trustee steps in and takes on the legal duty of gathering assets, paying debts and taxes, keeping beneficiaries informed, and distributing what remains according to the trust.

Trust administration is that process. It happens largely outside of probate court, but it still carries real deadlines, fiduciary duties, and personal responsibility for the trustee.

Corcoran Smith Law guides California trustees and beneficiaries through trust administration, from the first notice to the final distribution. If the trust was never properly funded, we also handle the drafting and funding work needed to set things right.

Newly named trustee? Start before you act.

The decisions a trustee makes in the first weeks can be hard to undo. Sending the wrong notice, distributing too early, or missing a tax or property filing can create personal liability.

Speak with counsel before you distribute assets, sign anything as trustee, or tell beneficiaries how the trust will be handled.

When to speak with a trust administration attorney

Trust administration moves on deadlines that are easy to miss when you are also grieving. A missed notice, an early distribution, or an overlooked tax filing can narrow your options and expose the trustee personally.

Reach out if any of these apply:

You were named successor trustee and are not sure of your duties or deadlines
You need to send the required notice to beneficiaries and heirs
The trust holds California real estate that must be retitled or sold
Beneficiaries are asking for information, accountings, or distributions
The estate may owe debts, taxes, or face creditor claims
You are a beneficiary and the trustee is not communicating or distributing
There is tension between beneficiaries, or a blended family is involved
You are worried about personal liability for the decisions you make as trustee

What a successor trustee has to do

A trustee holds legal title to the trust property and owes fiduciary duties to the beneficiaries. The work generally follows the same arc, in roughly this order:

Locate and review the trust, any amendments, and the pour-over will
Send the trustee’s notification required under California Probate Code section 16061.7, generally within 60 days
Identify, secure, and value trust assets, including real property, accounts, and personal property
Obtain date-of-death valuations and a tax identification number for the trust
Pay the settlor’s final debts, expenses, and taxes from trust assets in the correct order
Keep clean records and prepare an accounting for beneficiaries
Handle property tax filings, including Prop 19 and parent-child exclusion paperwork
Distribute assets to beneficiaries according to the trust, then record deeds to transfer real property

Each step has its own rules. The order matters, because paying or distributing out of sequence is one of the most common ways a trustee creates personal exposure.

How long does trust administration take?

The timeline depends on the trust, the assets, and the family.

A straightforward administration with cooperative beneficiaries and simple assets can be completed in a matter of months. Trusts that hold real estate, a business, or assets in several places, or where beneficiaries disagree, take longer.

Tax matters can also extend the timeline. The trustee may need to file the settlor’s final income tax return, a trust return, and, for larger estates, a federal estate tax return.

Moving carefully early usually saves time later. Rushing a distribution before debts and taxes are resolved is one of the most common ways an administration goes wrong.

Do you still need probate if there is a trust?

A properly funded living trust generally keeps its assets out of probate. That is the main reason families create one.

But a trust only controls the assets actually titled in its name. A house that was never deeded into the trust, or an account that was never retitled, can still require probate even when a trust exists.

Part of trust administration is checking what was funded, using the pour-over will and, where it applies, a Heggstad petition to bring stray assets into the trust, and avoiding a full probate where possible.

Common trust administration mistakes

Most problems we are called in to fix were avoidable. The trustee meant well but acted out of order, or without knowing what the law required.

Distributing assets before debts, taxes, and expenses are resolved
Missing the notice deadline to beneficiaries and heirs
Failing to obtain date-of-death valuations for trust property
Overlooking Prop 19 reassessment and parent-child exclusion filings
Commingling trust funds with personal accounts
Delaying or skipping the accounting beneficiaries are entitled to
Treating beneficiaries unequally, or appearing to favor one over another
Acting without understanding a trustee’s fiduciary duties and personal exposure

How we help trustees and beneficiaries

We can guide a trustee through the entire administration, or step in for a single piece of it. For beneficiaries, we make sure you receive the notice, information, and accounting you are owed. Our work includes:

Reviewing the trust, amendments, and pour-over will
Preparing and sending the required beneficiary and heir notices
Building an asset inventory and obtaining date-of-death valuations
Guiding debt, expense, and tax payment in the correct order
Preparing trustee accountings and responding to beneficiary requests
Handling Prop 19 and property tax filings
Recording deeds and transferring real property to beneficiaries
Advising on fiduciary duties and reducing personal liability
Resolving beneficiary disagreements before they become litigation

Why Corcoran Smith Law Corp.

Trust administration sits at the intersection of grief, money, family history, and legal duty. The trustee’s job is to bring order to that, and ours is to make the trustee’s job defensible.

Corcoran Smith Law is a California firm with offices in Sacramento and San Francisco. We are veteran owned. The partner works the matter, and clients are not handed off to a junior associate after the first call.

Because we also handle trust and estate litigation, we administer trusts with an eye toward what causes disputes: vague records, late accountings, and uneven treatment of beneficiaries. We help trustees close the trust cleanly and reduce the risk of being second-guessed later.

Schedule a Free Trust Consultation

Tell us where the trust stands. We will explain the trustee’s next step and what to do before you distribute anything.

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First steps as a new trustee

Secure the home, accounts, and important documents
Find the trust, amendments, and any pour-over will
Do not distribute anything yet
List the trust assets and how each is titled
Speak with counsel before signing as trustee

Prefer to call?

(415) 275-1492

Free download

Know Your Rights as a California Beneficiary

When a trustee goes quiet, an accounting never comes, or a late amendment changes everything, the law still gives you specific rights and deadlines. Our plain-English guide explains what you are owed, the questions to ask, and the steps to take before you sign or accept anything.

Frequently asked

Trust administration questions

Does a living trust avoid probate in California?

A properly funded revocable living trust generally keeps the assets titled in its name out of probate, which is the main reason families create one. A trust only controls what was actually retitled into it, so a home that was never deeded into the trust or an account that was never moved can still require probate. Part of trust administration is checking what was funded and, where possible, using the pour-over will or a Heggstad petition to avoid a full probate.
What does a successor trustee have to do?

A successor trustee gathers and values the trust assets, sends the required notice to beneficiaries and heirs, manages and protects trust property, pays the settlor’s debts, expenses, and taxes in the correct order, keeps records and prepares an accounting, handles property tax and Prop 19 filings, and then distributes what remains according to the trust. It is a fiduciary role with real deadlines and personal responsibility.
How long does trust administration take?

The timeline depends on the trust, the assets, and the family. A straightforward administration with cooperative beneficiaries and simple assets can be completed in a matter of months. Trusts that hold real estate, a business, or assets in several places, or where beneficiaries disagree, take longer. Tax filings can also extend the timeline.
Do beneficiaries have a right to information?

Yes. California beneficiaries are entitled to the trustee’s notice and, on request, a copy of the trust along with reasonable information and accountings about how the trust is being administered. A trustee who withholds this information can face challenges in court.
Can a trustee be held personally liable?

A trustee who breaches a fiduciary duty can be held personally liable and surcharged for resulting losses. Following the right process, documenting decisions, treating beneficiaries even-handedly, and getting advice before acting all reduce that risk.
Do I need an attorney to administer a trust?

You are not required to hire one, but California trust administration involves statutory notices, deadlines, tax and property filings, and fiduciary duties. Counsel helps trustees move in the right order, keep clean records, and avoid the mistakes that lead to personal liability or beneficiary disputes.

Client reviews

What our clients say

4.8 · 33 Google reviews

My husband and I had an outstanding experience working with Nick Jacobs at Corcoran Smith Law. From our very first meeting, Nick made us feel comfortable and confident in the process of setting up our trust. He was incredibly knowledgeable, patient, and thorough—taking the time to explain every detail and answer all of our questions with clarity and care. Nick truly listened to our goals and concerns and guided us through each step with professionalism and kindness. What could have been a stressful experience was made smooth and seamless thanks to his expertise and calm approach. We are so grateful for his support and highly recommend Nick Jacobs and the entire team at Corcoran Smith Law to anyone in need of a trustworthy and skilled estate or trust attorney.

Crystal Wilson August 2025 · Google
I recommend this law firm for anyone who is looking for a dedicated legal representation. Everyone I interacted with was respectful and professional. From my first interaction I felt like my concerns were taken seriously and genuinely addressed. If you are searching for someone to advocate and work hard on your behalf I would absolutely suggest this firm! I’m extremely grateful for the help and support I received and would give them five stars without hesitation.

destinee Loyola August 2026 · Google
As a fellow attorney, I’ve referred clients and friends to Corcoran on multiple occasions. Each time, I gather that the law firm was professional, courteous, responsive, and affordable. I will always recommend Corcoran for people needing sound legal counsel.

Matthew Rowan June 2026 · Google
Mark and Nicholas have been extremely professional, knowledgeable, and helpful throughout our legal matters. Mark assisted us with business related matters, while Nicholas guided us through estate planning and setting up our trust. Both took the time to explain everything clearly and led us in the right direction every step of the way. Their expertise, responsiveness, and attention to detail gave us confidence throughout the process. We highly recommend Mark and Nicholas to anyone seeking trustworthy and experienced legal counsel.

Elegant Auto Sales June 2026 · Google
"I met with Nick Jacobs and Mark Smith to discuss my very unusual probate / child support case. I knew it was new territory for them and would be very time consuming as they had to deal with Child Support Services and learn the ins and outs of that agency. I was sure they would turn me away but to my surprise they took the case. During our initial call I explained the difficulties and the issues I had. They immediately started brain storming with me and put together a possible game plan. They were sympathetic and I could see they were clearly upset at the way this case started out for me. Their compassion for my plight was obvious. They genuinely cared and wanted to make things right for me and my kids. The following day I received a fee agreement. I had a few questions about the fees so I reached out to them and we came to a beneficial agreement for all. My life was a bit complicated and I was not as involved as I wanted to be but Nick took the lead and researched and reached out to the necessary people. From start to finish Nick kept me in the loop and at no time did I have to reach out for an update. If I had a question I would get a response the same day or early the next morning, which is not the norm for a law firm. Throughout this process I felt that I was heard, understood and valued as a person and not just a client fee. Once the case was completed I received my final bill and found that many of their working hours were not included in that bill. They absolutely went above and beyond to take care of me. I would highly recommend Corcoran Smith Law Corp. to anyone who needs legal advice. Thank you again to Nick and Mark for your dedication and tenacity and for putting people first.

Jackie Mauro December 2025 · Google
Couldn’t be more confident in their work. Return calls/emails quick and put in the effort to make things clear. Feels like they truly care about their clients best interests, even when that means less billable hours for them. Highly recommend.

Matthew Smith June 2026 · Google