Provide Notice to Proper Parties for Court Oversight
An Overview of Trust Administration
Why Probate Courts Get Involved in Trust Administrations
When a beneficiary objects to the accounting of a trustee or is not in favor of some other action on behalf of the trustee, court involvement may be necessary. Beneficiaries of trusts can file a petition with the appropriate probate court in order to initiate these proceedings. As part of the process, the beneficiary must provide certain parties with ample notice of the petition.
Who Receives a Notice of a Petition During Trust Administration
After a petition is filed, the court may set a date for a hearing on the petition. Within 30 days of the hearing, the beneficiary must provide the following parties with notice of the proceedings:
- All of the trustees of the trust.
- All of the beneficiaries of the trust.
- The Attorney General in California, if the petition relates to a charitable trust that is subject to the Attorney General’s jurisdiction.
Next, within 10 days of the hearing, the beneficiary must serve notice of the hearing. Along with a copy of the petition to be served, to anyone who has a right, title, or interest that would be affected by the beneficiary’s petition. If the party would already receive notice because he or she falls into the three categories referred to above. There is no need for a second notice.
Failing to provide the proper notice to all of the necessary parties can be fatal to a beneficiary’s petition; pertaining to the administration of a trust. All of the correct steps must be followed as outlined under California law. To learn more about what to expect during the administration of an estate, we encourage you to view our free guide, Understand What to Expect During a California Estate Administration. The more you understand about this process, the better the chances that you are able to carry out your actions properly.