A trust attorney in Roseville for the trustee carrying the weight.
Being named successor trustee sounds like an honor until you realize the law now holds you accountable. Brandon Smith guides California successor trustees through every duty — notices, accountings, distributions — so you settle the trust correctly and protect yourself while you do it.
Free consultation. No retainer to talk. Same-day callbacks.
At a glance
- Process
- Private — no probate court required
- Key deadline
- § 16061.7 notice → 120-day contest window
- Trustee risk
- Personal liability for breached duties
- Serving
- Roseville, Granite Bay & all of California
Settling a trust is a job — and the trustee owns it.
A living trust avoids the probate courtroom, but it doesn’t settle itself. When the person who created the trust dies, the successor trustee steps in and becomes legally responsible for winding it down — privately, but under real rules.
That means giving the right notices on time, valuing assets, paying debts and final taxes, keeping records that hold up, communicating with beneficiaries, and distributing exactly as the trust directs. A trustee who gets it wrong can be held personally liable.
We act as your guide and your shield. You stay in the trustee’s seat; we make sure every duty is met and every decision is documented — so the administration is clean and you’re protected.
What a trustee actually has to do.
Trust administration is private, but it’s not informal. These are the duties California puts on every successor trustee — and the order we help you work through them.
- 01
Accept the role and secure the assets
We confirm your authority as successor trustee, help you locate every trust asset, and make sure accounts, real estate, and property are secured and properly titled while the trust is settled.
- 02
Notify heirs and beneficiaries
We prepare and serve the Probate Code § 16061.7 notice on everyone entitled to it. This is a hard legal requirement — it starts the 120-day contest window and protects you from later claims that beneficiaries were kept in the dark.
- 03
Value assets, pay debts, file taxes
Trust assets are appraised as of the date of death, the decedent’s final income tax returns are filed, and valid debts and expenses are paid. We keep a clean ledger of every transaction from day one.
- 04
Account and distribute
We prepare an accounting for the beneficiaries, resolve any questions, and distribute the trust assets exactly as the trust directs — closing it out with documentation that protects you as trustee.
Why a trustee needs counsel
The job comes with personal liability.
A successor trustee who misses a notice, distributes too early, loses track of money, or favors one beneficiary can be surcharged — held personally responsible for the loss. That’s not a reason to panic; it’s a reason to do it carefully.
With Brandon, every required notice goes out on time, every dollar is accounted for, and every distribution is documented. If a beneficiary challenges a decision later, you have a clean record and an attorney who already knows the file.
Trust administration questions
What new successor trustees in Roseville and across California ask us most. If yours isn’t here, ask it on a free call.
I was named successor trustee. What do I actually have to do?
Quite a lot — and the law holds you personally accountable for doing it right. You have to locate and secure trust assets, send the Probate Code § 16061.7 notice to heirs and beneficiaries, get assets valued, file the decedent’s final tax returns, pay valid debts, keep clean records, and distribute according to the trust’s terms. Most successor trustees are doing this for the first time, while grieving. We walk you through each duty so nothing gets missed.
Does a trust avoid probate?
A properly funded trust avoids the formal probate court process — that’s the main reason people create one. But it does not run itself. Trust administration is the private, out-of-court process of actually settling the trust, and California law imposes real duties and deadlines on the trustee. Skipping steps is where trustees get into trouble.
What is the 16061.7 notice and when is it due?
When a revocable trust becomes irrevocable — usually on the death of the person who created it — the trustee must serve a written notice under Probate Code § 16061.7 on every heir and beneficiary. It triggers a 120-day window for anyone to contest the trust. Serving it correctly and on time protects you as trustee and starts that clock running, so it’s one of the first things we handle.
Do I have to give beneficiaries an accounting?
Generally yes. Beneficiaries are entitled to a clear accounting of what the trust holds, what came in, what went out, and what they’re owed. A complete, well-documented accounting is also your best protection against later disputes. We prepare accountings that satisfy California’s requirements and hold up if a beneficiary questions them.
A beneficiary is unhappy. Can I be sued personally?
A trustee who breaches their duties can be held personally liable, which is exactly why careful administration matters. Most beneficiary friction comes from poor communication and missing records — both preventable. If a dispute does escalate, we represent you and defend the decisions you made in good faith.
Can you handle this if I live out of the area?
Yes. We work with successor trustees across California by phone and video, whether you’re in Roseville, elsewhere in the state, or managing a California trust from out of state. Our Granite Bay office is available for in-person meetings if you prefer.
You don’t have to know anything yet. Just call.
Tell us what happened. We’ll tell you whether probate is required, what the court will need, and what it will cost — in plain language, before you decide anything. The first call is free, and there’s no retainer to talk.
Brandon Smith · CA Bar #308604 · Admitted 2015 · Granite Bay