
Table of Contents
Key Takeaways
- Trustees in California must provide beneficiaries with accurate and complete trust accountings.
- Even small accounting errors can delay trust administration. This is a common cause leading to disputes.
- Common problems include incorrect starting balances, missing documentation, and improper credits.
- If an accounting does not comply with the California Probate Code requirements, beneficiaries may challenge it.
What Is a Trustee Accounting?
When someone serves as a trustee, they are responsible for managing trust property and reporting how those assets are handled. One of the most important parts of that responsibility is preparing a trust accounting.
A trust accounting shows beneficiaries what happened to the trust’s assets during a specific period of time. It typically includes:
- The value of trust assets at the beginning of the reporting period
- Income received by the trust
- Expenses and distributions paid out
- The value of the trust at the end of the reporting period
California law requires trustees to maintain accurate records and inform beneficiaries about trust management. Incomplete or inaccurate accountings may lead to beneficiary objections.
At The Grossman Law Firm, Attorney Scott Grossman regularly works with beneficiaries who suspect problems in trust accountings and need help reviewing financial records.
Five Common Causes of Trustee Accounting Errors
Errors in trustee accountings are more common than many beneficiaries realize. Some are simple mistakes. Others raise serious questions about how the trust was managed.
Below are several issues that frequently appear when reviewing trust accountings.
Missing Required Account Summaries
California probate courts often require accountings to follow a specific format. A common error is failing to provide a clear summary of the account.
A proper summary typically shows:
- Beginning balance
- Total income received
- Total disbursements
- Ending balance
If this information is missing or unclear, beneficiaries may have difficulty understanding the management of trust assets.
Incorrect Beginning Balances
Every accounting period must begin with the correct starting value of the trust’s assets. If the beginning balance is wrong, every number that follows may also be inaccurate.
This mistake can happen when:
- Prior accountings were incomplete
- Asset values were recorded incorrectly
- Transactions were overlooked
Even minor discrepancies at the start can cause confusion throughout the report.
Improper Credits Claimed by the Trustee
Trustees sometimes claim credits for expenses or reimbursements. However, those credits must be appropriate under the terms of the trust and California law.
Problems may arise when a trustee claims:
- Personal expenses as trust expenses
- Unsupported reimbursements
- Payments that were never authorized
If a credit cannot be properly explained or documented, beneficiaries may challenge it.
Failure to Identify Income Sources
Trusts often receive income from various sources, such as rent, dividends, interest, or asset sales.
Each income source should be clearly identified in the accounting. Without this, beneficiaries cannot verify the accuracy of reported figures.
Clear documentation promotes transparency and reduces the risk of disputes.
Incomplete Disbursement Records
Every payment made from the trust should be recorded carefully. Disbursement entries generally need to show:
- The date of the payment
- Who received payment
- The reason for the payment
- The amount paid
If these details are missing, beneficiaries may question whether the payment was appropriate.
Incomplete records are among the most common reasons beneficiaries object to a trustee’s accounting.
Why Accounting Errors Matter in Trust Administration
Trust accountings are more than a formality. They are one of the primary ways beneficiaries monitor how trust assets are managed.
When mistakes appear in an accounting, several problems may follow:
- Beneficiaries may file objections in probate court
- Court approval of the accounting may be delayed
- Distributions to beneficiaries may be postponed
In some cases, serious accounting problems can lead to litigation over whether the trustee properly fulfilled their fiduciary duties.
If you suspect your trustee may not be acting in the beneficiaries’ best interests, it may help to understand the warning signs. See 20 Ways Your Trustee May Be Breaching Their Fiduciary Duties to learn more about common forms of trustee misconduct.
FAQ
Are trustees required to provide an accounting in California?
In many situations, yes. California trustees generally have a duty to provide beneficiaries with periodic accountings that show how trust assets are managed.
What happens if an accounting contains errors?
Beneficiaries may review the accounting and raise objections if the numbers appear incorrect or incomplete. The probate court may then review the accounting and determine whether corrections are required.
Can beneficiaries request documentation supporting an accounting?
Yes, beneficiaries may request records that support the accounting, such as bank statements, receipts, and transaction records.
Related Resources
- Overview of California Trust Litigation
- Beneficiary Rights in California
- Trustee’s Duty: What is the Prudent Investor Rule?
- How to Get Your Trustee to Distribute Your Inheritance?
- Know What You’re Getting Into: The Timeline of a Trust and Estate Lawsuit
- Can You Remove a Trustee for Mishandling Assets?
- Can’t Afford a Probate or Trust Attorney?
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 cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published August 5, 2016
