When someone creates a trust, they expect it to protect their assets and simplify the distribution to their loved ones. After the settlor passes away, carrying out those instructions is referred to as trust administration. So, what exactly is Alameda County trust administration? This refers to the legal and financial process of managing, accounting for, and distributing trust assets in accordance with state law.
Even though trusts avoid probate, trustees still carry significant responsibilities. From notifying beneficiaries to paying debts and taxes, trust administration involves a series of detailed steps that can feel overwhelming without the guidance of an experienced trust attorney.
Trust administration entails enforcing the instructions in a trust after the settlor’s death. In Alameda County, trustees are required to comply with the California Probate Code, and the trust administration process mandates that trustees act in the best interests of beneficiaries and adhere to the trust terms precisely.
A trustee’s duties often include:
Failure to comply may result in removal, repayment of losses, or even personal liability. Additionally, beneficiaries have the right to information and could challenge a trustee’s actions if they suspect misconduct.
The trust administration process in Alameda County begins with providing notice. Under California Probate Code § 16061.7, trustees must send a written Notice of Trust Administration to beneficiaries and heirs within 60 days of the settlor’s death. This notice informs recipients of the trust’s existence, their right to request a copy, and the 120-day window to contest the trust. After providing notice, trustees must locate, inventory, and secure all trust assets—including real estate, financial accounts, and personal property. They must keep these assets separate from personal funds to avoid commingling.
Next, trustees pay valid debts, funeral costs, and tax obligations. Only after these obligations are addressed may distributions proceed. Beneficiaries are entitled to financial accountings, which provide transparency on income, expenses, and trust management. The process concludes with the distribution of property according to the trust document. Distributions must occur fairly, transparently, and in compliance with the settlor’s instructions.
Even with a clear process, disputes may arise over valuations, creditor claims, or trustee decisions. For this reason, many trustees and beneficiaries seek the advice of legal counsel to protect their rights and minimize the likelihood of conflict.
If you serve as a trustee or are a beneficiary concerned with trust management, experienced legal guidance can be beneficial. Our attorneys at Hackard Law help families with trust administration, from initial notices to final distributions.
If you are wondering, “What is Alameda County trust administration?” or have questions about your specific situation, we are here to help. We handle estate and trust litigation on a contingency fee basis, which means you do not pay attorney fees unless there is a recovery. Call today to speak with our trust administration or litigation attorneys and learn how to protect your rights. We could explain the process in detail and guide you through each step.
(916) 775-8542