Trustee Duties: Duty to Not Delegate Tasks

Key Takeaways
Understanding the Trustee’s Duty Not to Delegate
What Tasks a Trustee Must Personally Perform
When Delegation Is Allowed
Supervising Delegated Tasks
Important Exception for Investment and Asset Management
What to Do If Your Trustee Is Improperly Delegating
Related Resources
FAQ
How The Grossman Law Firm Can Help

Key Takeaways

California trustees have a legal duty not to delegate tasks they can reasonably be expected to perform themselves.
Trustees cannot transfer their office, assign all duties to a co-trustee, or shift complete administration to another person.
Some delegation is appropriate, but the trustee must always provide meaningful supervision.
Improper delegation can violate fiduciary duties and reduce the value of trust assets.
Beneficiaries can seek court intervention, including suspension, removal, or surcharge, when harmful delegation occurs.

Understanding the Trustee’s Duty Not to Delegate

California trustees must personally carry out duties that require judgment, discretion, or direct involvement. Probate Code §§16000–16015 outline the fiduciary responsibilities that require a trustee to act with loyalty, reasonable care, and direct oversight.

A trustee cannot:

Delegate the entire administration of the trust.
Transfer their role to another person.
Allow a co-trustee or family member to manage everything.
Avoid liability by claiming someone else handled the work.

These duties exist to ensure that trust administration is carried out competently and with clear accountability. If you believe your trustee is improperly delegating important responsibilities, The Grossman Law Firm can help you evaluate the situation and determine your options. Our team assists beneficiaries throughout California in holding trustees accountable and protecting their inheritance rights.

What Tasks a Trustee Must Personally Perform

Whether a trustee must personally perform a task depends on the nature of the duty and the facts of the case. Here at The Grossman Law Firm, we help beneficiaries understand which duties require a trustee’s direct involvement and when improper delegation may violate California law. Examples illustrate the difference:

Tasks the Trustee Must Personally Perform

Interviewing and selecting a real estate agent to sell trust property
Reviewing offers and making sales decisions
Communicating with beneficiaries
Evaluating whether repairs or improvements are necessary
Making discretionary decisions about distributions
Approving major trust expenses

These responsibilities involve judgment that cannot be outsourced.

Tasks the Trustee May Delegate

Hiring a licensed plumber or contractor to perform repairs
Using a CPA to prepare tax returns
Working with real estate professionals to market a property

Even when delegation is allowed, ultimate responsibility stays with the trustee.

When Delegation Is Allowed

A trustee may delegate specific tasks when doing so is reasonable and beneficial to the trust. However, the trustee must still:

Conduct due diligence before choosing the person or professional
Provide clear oversight
Maintain records
Stay informed about progress

Delegating routine or technical tasks, such as plumbing repairs or standard financial processing, is generally acceptable. Delegating decision-making is not.

Supervising Delegated Tasks

When a trustee properly delegates a task, they must exercise general supervision over the person completing it.

For example:

A trustee delegating sales activity to a real estate agent should understand market value, track showing activity, and personally review incoming offers.
A trustee delegating home repairs must follow up to confirm the repairs were completed correctly and that the property value was protected.

Supervision requires active involvement, not blind trust or abdication.

Important Exception for Investment and Asset Management

California follows the Uniform Prudent Investor Act, which recognizes that trustees often need specialized expertise in investment strategy. Because of this:

The rule against delegation does not apply to investment and asset management.

A trustee may:

Hire financial advisors
Delegate portfolio management
Rely on investment professionals

However, the trustee must still:

Select qualified professionals
Establish clear objectives
Monitor performance and compliance

What to Do If Your Trustee Is Improperly Delegating

Improper delegation can cause delays, reduce asset value, or expose the trust to unnecessary risk. Examples include:

Letting an unlicensed family member perform repairs
Allowing a spouse or child to make trust decisions
Leaving all administration tasks to a co-trustee
Failing to supervise contractors or agents
Delegating tasks that require trustee judgment

If the delegation is harmless (for example, sending a spouse to drop off a deposit), litigation may not be necessary.

If the delegation is harming trust through unauthorized work, declining property value, or improper administration of the trust, beneficiaries should consider legal action.

Possible court petitions include:

Temporary suspension of trustee powers
Removal of the trustee
Surcharge (financial damages)
Order compelling proper administration

Early action prevents further harm and preserves trust value. Here at The Grossman Law Firm, we help beneficiaries assess whether improper delegation has crossed the line into a breach of fiduciary duty and take the steps needed to protect their inheritance.

If you suspect your trustee’s improper delegation is harming the trust, see: 20 Ways Your Trustee Can Be Breaching Their Fiduciary Duties.

Related Resources

FAQ

Can a trustee delegate all their duties to a co-trustee?

No. Co-trustees may divide responsibilities, but one cannot do everything while the other abstains entirely.

Is a trustee allowed to hire professionals?

Yes. Trustees may hire professionals when reasonable, but they must supervise the work.

What if the trustee’s delegated task causes damage?

The trustee may be personally liable and subject to surcharge.

Can a trustee transfer their role to someone else?

Not unless the trust document expressly allows it. Otherwise, only the court can appoint a successor.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce 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 at no cost to you. Qualifying matters will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.

Originally Published Jul 6, 2021