ArticlesTrustee Duties

How Does Trust Administration Work in California? A Beneficiary’s Guide

By September 3, 2026No Comments
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When the person who created a trust dies, beneficiaries often have the same question: What happens next?

The trustee becomes responsible for administering the trust. This includes notifying beneficiaries and heirs, identifying and protecting trust property, paying appropriate expenses, managing or selling assets, and eventually making distributions according to the trust.

Trust administration takes time. But beneficiaries should not be left indefinitely wondering what is happening with the trust or when they may receive their inheritance.

At The Grossman Law Firm, Attorney Scott Grossman represents beneficiaries throughout California when disputes arise during trust administration.

Table of Contents

Key Takeaways

  • A successor trustee becomes responsible for administering the trust after the settlor dies or becomes incapacitated, making the trust irrevocable.
  • After the settlor dies, the trustee has 60 days to send notice to the beneficiaries and family members within two generations, and provide them with a copy of the trust document.
  • Beneficiaries and family members who receive the notice have 120 days from the date the notice is served to challenge the trust. However, if they receive a copy of the trust later, the time limit may be extended.
  • The trustee must identify, protect, manage, and eventually distribute trust property according to the terms of the trust.
  • If unexplained delays occur or the trustee fails to follow the terms of the trust, beneficiaries should investigate further and consider speaking with a trust litigation attorney.

What Notice Should Beneficiaries Receive After a Death?

California Probate Code section 16061.7 requires a trustee to provide notice when a revocable trust becomes irrevocable because of the settlor’s death or incapacitation. The notice usually has to be sent within 60 days of the triggering event or by the date on which the trustee is appointed, depending on the circumstances.

What Information Does the Trustee’s Notice Include?

It contains important information about where the trust is being administered, which tells us where a petition would need to be filed. The notice also names the trustee who is the person responsible for the trust administration, and usually names the trustee’s trust administration attorney.  

If you believe a trust may be invalid because of undue influence, lack of capacity, fraud, or another legal ground, do not wait until the trust administration is complete to investigate your rights.

How Long Do I Have to Contest a Trust in California?

Timing is critical.

Under California Probate Code § 16061.8, a person who receives the notification generally cannot bring an action to contest the trust more than 120 days after the notification is served.

There is an exception when a copy of the trust terms is mailed or personally delivered during those 120 days. In that situation, the deadline may extend to 60 days from the date the trust terms are delivered.

If you think that a trust is invalid on the grounds of undue influence, lack of capacity, fraud, or some other legal reason, do not delay in investigating your rights or risk your claim.

What Does the Trustee Do With Trust Property?

Once responsible for the administration, the trustee must determine what property belongs to the trust and take appropriate steps to protect it.

What happens next depends heavily on the trust.

How the Trust Terms Affect Distribution

For instance, a trust could ask the trustee to sell a house and then divide the proceeds among the beneficiaries. As a result, the trustee will have to secure the property, pay any necessary expenses, and arrange for the sale.

Another trust may give the property itself to a beneficiary. In that situation, transferring title is the distribution.

A trust can also require a beneficiary to be a certain age or create a life estate or other continuing interest. That can mean property remains under the trust’s administration rather than being sold or distributed immediately. 

What is important is that the trustee is not allowed to replace the settlor’s instructions with their own preferences.

How Long Does a Trustee Have to Distribute an Inheritance?

California law does not set one deadline that applies to every trust distribution. How long administration takes depends on the trust, its assets, and what the trustee must accomplish before making distributions.

What Can Delay a Trust Distribution?

A relatively simple trust may be ready for distribution within several months. More complicated administrations can take a year or longer, particularly when the trustee must sell property, address taxes or liabilities, value assets, or resolve disputes.

Trustees are allowed a reasonable amount of time to complete these tasks. But that does not mean they can delay forever. If the trustee is holding your inheritance without taking any reasonable action to do the trust administration you should contact The Grossman Law Firm and talk to our intake specialists.

When Does a Delay Become a Concern?

Beneficiaries may have reason for concern when a trustee cannot explain a delay, refuses to provide information, or appears to be using trust property for someone else’s benefit.

If more than four months has passed and the trustee cannot explain what remains to be done, contact The Grossman Law Firm to discuss whether further action may be appropriate.

When Should a Beneficiary Be Concerned?

Not every delay means that a trustee has done something wrong.

Potential warning signs include:

  • The trustee will not provide information about the trust.
  • Trust property appears to be missing.
  • The trustee ignores the trust’s distribution instructions.
  • Property that should be sold remains occupied without a clear reason.
  • The trustee appears to be benefiting personally from trust assets.
  • Months continue to pass without a reasonable explanation for the delay.

Any of these problems could mean the trustee is not fulfilling their legal duties.

Explore The Grossman Law Firm’s  20 Ways Your Trustee May Be Breaching Their Fiduciary Duties to learn common warning signs and available actions.

FAQ

Does a trustee have to notify beneficiaries after the settlor dies?

California Probate Code § 16061.7 requires notification to specified beneficiaries and family members within two generations, when certain triggering events occur, including when a revocable trust becomes irrevocable because of the settlor’s death.

Do beneficiaries automatically receive a copy of the trust?

Sometimes, the trustee includes the copy of the trust with the notice. However, statutory notification may inform recipients that they may be entitled to receive a copy of the trust terms upon reasonable request. If you have not received the trust, you may need to request it from the trustee or contact The Grossman Law Firm. 

Can a trustee wait years to distribute a trust?

It is normal for trust administration to take some time, and there is no single deadline for every trust. But if the trustee cannot provide a good reason for the long delay, that is cause for concern. If significant time has passed and the trustee cannot explain what remains to be done, contact The Grossman Law Firm to discuss whether further action may be appropriate.

What if I think the trustee is intentionally delaying my inheritance?

Document your requests and the trustee’s explanations. If the delay cannot be reasonably explained or appears connected to other misconduct, a trust litigation attorney at The Grossman Law Firm can evaluate whether the trustee may have breached their duties.

How The Grossman Law Firm Can Help

You do not have to assume that delay during trust administration is normal. If you cannot determine what is happening with your inheritance, it may be time to have the trustee’s conduct reviewed.

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

You can call (888) 443-6590 or complete our Get Help Now form to discuss your situation.

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