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By: Scott Grossman on July 14th, 2025

Trustee Duties Co Trustees Responsibilities

Table of Contents

  • Key Takeaways
  • Understanding the Role of Co-Trustees
  • What Are the Legal Duties of Co-Trustees?
    • 1. Managing Trust Assets
    • 2. Filing Tax Returns
    • 3. Distributing Trust Assets
    • 4. Cooperating with Co-Trustees
  • What Happens When Co-Trustees Can’t Agree?
  • Related Resouces
  • FAQ
  • How The Grossman Law Firm Can Help

Key Takeaways

  • Co-trustees in California have equal legal responsibility, unless the trust document states otherwise.
  • Duties include asset management, tax filing, beneficiary distributions, and collaboration with clients.
  • If co-trustees disagree or one fails in their role, litigation may be necessary to resolve trust issues.
  • The Grossman Law Firm assists California beneficiaries in protecting their rights in these situations.

Trustee Duties: Co-Trustees’ Responsibilities in California

Understanding the Role of Co-Trustees

Carrying out a trust administration in California can be complex, especially when multiple trustees (known as co-trustees) are involved. While it may seem that having more than one trustee helps lighten the burden, it often introduces complications.

If you’re a beneficiary and haven’t received a copy of the trust, or if your co-trustee is acting unilaterally, there may be cause for concern. By understanding the responsibilities of a co-trustee, you can determine whether trust litigation is necessary to enforce your rights.

The Grossman Law Firm regularly represents clients facing these exact issues. Attorney Scott Grossman focuses exclusively on probate, probate litigation and trust litigation across California.

What Are the Legal Duties of Co-Trustees?

Under California Probate Code, co-trustees share fiduciary duties. Unless the trust document says otherwise, they must act together, make joint decisions, and fulfill the responsibilities listed below.

1. Managing Trust Assets

Co-trustees are responsible for managing the trust’s assets. It includes:

  • Opening and closing trust bank accounts
  • Investing trust funds appropriately
  • Buying or selling trust property
  • Maintaining accurate records
  • Providing accounting to the beneficiaries

Unless the trust names a specific trustee to handle this role, both co-trustees must act jointly when making decisions about trust property.

2. Filing Tax Returns

Trusts often require filing federal, state, and local tax returns.

Co-trustees are equally responsible for filing timely and accurate returns. While they may hire a CPA or tax attorney for assistance, they are still legally accountable for the results.

3. Distributing Trust Assets

Co-trustees must distribute assets according to the terms of the trust. This duty often goes beyond cutting checks—it might involve:

  • Handling distributions to minor beneficiaries
  • Following instructions for conditional or delayed distributions
  • Coordinating direct payments to third parties (e.g., tuition or healthcare providers)

Unless the trust document grants authority to just one trustee, co-trustees must work together to complete these distributions.

4. Cooperating with Co-Trustees

Trustees have a fiduciary duty to act in the best interest of the beneficiaries. It means:

  • Sharing information with one another
  • Making joint decisions unless the trust permits otherwise
  • Not taking unilateral actions that affect the trust

When co-trustees fail to cooperate, it can lead to delays, errors, and litigation.

What Happens When Co-Trustees Can’t Agree?

If co-trustees disagree, beneficiaries may experience delays in receiving their inheritance. In some cases, one trustee may misbehave, refuse to participate, or breach their fiduciary duties.

When co-trustees can’t get along—or when one refuses to perform their duties—a court petition may be necessary to remove the uncooperative trustee or force compliance. California Probate Code allows beneficiaries to bring these issues before a judge.

The Grossman Law Firm can help assess whether your situation warrants litigation and explain your options for resolving trustee disputes.

Related Resources

If you’re dealing with a co-trustee issue or navigating a complicated trust administration, you may find these resources helpful:

FAQ

Do co-trustees have to act together?

Yes. Unless the trust explicitly gives one trustee sole authority, co-trustees must act together on decisions related to the trust.

Can one co-trustee be removed?

Yes, if a co-trustee is breaching their duties, a petition can be filed with the probate court to have them suspended or removed from the trust.

What if one co-trustee is not participating?

Non-participation can delay the administration of trust and may constitute a breach of duty. Legal action may be necessary if that inaction harms the beneficiaries.

Can a co-trustee act alone?

Only if the trust document permits it, otherwise, both co-trustees must jointly administer the trust.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we assist beneficiaries and heirs throughout California in enforcing their rights in probate and trust litigation.

Call (888) 443-6590 or fill out our Get Help Now form.

Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduledfor a Free Phone Consultation with Attorney Scott Grossman.