Being named trustee is an honor. It is also a legal job.
When someone you love passes away, being asked to serve as their successor trustee is a meaningful sign of trust. It often arrives at the hardest possible time, when you are grieving, managing family, and handling a long list of practical details.
A trust is designed to avoid probate court, but it does not administer itself. Once you accept the role, California law treats you as a fiduciary: someone held to the highest standard of care, loyalty, and good faith toward the beneficiaries. Trustees who miss a step can be held personally responsible, even when they meant well.
Our flat fee program gives you an experienced trust administration attorney in your corner, so you can carry out your loved one's wishes with confidence.
"Most trustee mistakes aren't made out of carelessness. They're made because no one told the trustee what the law requires, or when."
Why "I can handle this myself" is riskier than it looks
Online checklists make trust administration look simple. In practice, trustees regularly run into issues like these:
Deadlines start at death
Some legal obligations have firm deadlines that begin running from the date of death, some within weeks. Many trustees do not learn about them until after they have passed.
Notices to the right people
California requires specific written notices to beneficiaries, heirs, and certain government agencies. Who must receive notice, what it must say, and how it is delivered all matter.
Pressure to distribute early
Beneficiaries often ask for money right away. Distributing too soon, before debts, taxes, and contest periods are addressed, can leave the trustee personally on the hook.
Debts and expenses
Knowing which bills to pay, in what order, from which funds, and which claims to question is not always obvious. Paying from the wrong account creates problems of its own.
Taxes on multiple fronts
A trust administration can involve the decedent's final income tax returns, separate trust income tax returns, and important valuation records that affect beneficiaries for years.
Family dynamics
When the trustee is also a beneficiary, or siblings see things differently, the duty to treat every beneficiary impartially becomes both a legal and a personal challenge.
What's included in flat fee trust administration
For qualifying trusts, our flat fee covers the core legal work of a straightforward California trust administration. You will know the cost before we begin.
- Initial strategy meeting by Zoom to walk through your duties, the process, and a timeline
- Trustee Acceptance of appointment
- Employer Identification Number (EIN) for the trust
- Certification of Trust for banks and financial institutions
- Statutory notification to beneficiaries and heirs, with a copy of the trust
- Lodging the original Will with the Superior Court
- Agency notices when required, such as to the Department of Health Care Services
- IRS Form 56, Notice Concerning Fiduciary Relationship
- Guidance on collecting assets and retitling accounts into the trustee's name
- Counsel on debts, expenses, and an appropriate reserve
- Preliminary distribution documents, including contest period waivers when appropriate
- Coordination with your CPA on final and trust income tax returns
- Distribution plan and receipts and releases from beneficiaries
- Ongoing access to your attorney for questions throughout the administration
What makes a trust administration "simple"?
Every family is different. We will confirm whether your matter qualifies during a complimentary discovery call. In general:
Often a good fit
- A California trust that was properly funded during the settlor's lifetime
- Assets held mainly in bank, brokerage, or similar accounts
- A small number of beneficiaries who are cooperative
- A trustee who is ready to take an active, organized role
- No anticipated disputes, contests, or claims
May need a custom approach
- Beneficiaries in conflict, or a threatened trust contest
- Significant assets left outside the trust
- Business interests, rental properties, or out-of-state assets
- An estate large enough to require an estate tax return
- Ongoing sub-trusts for minors or other beneficiaries
A clear path from start to finish
Complimentary discovery call
We learn about the trust, the assets, and the family, confirm whether flat fee administration is a good fit, and give you a written fee quote.
Getting started
We meet by Zoom to review your role and next steps, then prepare the documents that establish your authority as trustee.
Notices and collecting assets
We handle the required notices and filings and guide you as you gather, secure, and retitle trust assets.
Debts, taxes, and reserves
We help you address the decedent's debts and expenses, coordinate with your CPA on tax filings, and plan an appropriate reserve.
Distribution and closing
Once the time is right, we prepare the distribution plan and closing documents so you can complete the trust with confidence.
Predictable cost. Proactive counsel.
No surprises
You know the cost up front, which makes it easier to plan the trust's reserve and keep beneficiaries informed.
Ask freely
Questions are part of the process. You should never hesitate to call because you are worried about the clock running.
Transparent communication
We keep you updated at each stage, so you always know what has been done, what is next, and why it matters.
Lauren Rios
Lauren Rios is a California estate planning, trust administration, and probate attorney and the founder of the Law Office of Lauren Rios. She guides successor trustees and families through administration with an emphasis on transparency and proactive communication, serving clients throughout California by Zoom from offices in San Carlos and Danville.
About LaurenFrequently asked questions
Am I required to hire an attorney to serve as trustee?
No. California does not require a trustee to hire an attorney. However, a trustee is a fiduciary who can be held personally responsible for mistakes, and many trustees find that working with an experienced trust administration attorney protects both the trust and themselves.
Who does the attorney represent?
Our office represents the trustee in the trustee's role as trustee. We do not represent the individual beneficiaries, who are welcome to consult their own counsel.
What if my trust administration is not simple?
If your matter involves court petitions or complex assets, we will explain that during your discovery call and discuss a fee arrangement that fits the work involved. Our office does not handle litigation or contested matters, so if a dispute arises, Lauren can help refer you to appropriate counsel.
How long does trust administration take?
Every administration is different. Even straightforward trusts usually take many months because of required notice periods, tax filings, and the time needed to collect and value assets.
Can we meet virtually?
Yes. We serve trustees throughout California by Zoom, including trustees who live out of state, with offices in San Carlos and Danville.
Start your trust administration on the right foot
The earliest weeks after a loved one's passing are when many important deadlines begin. Lauren offers complimentary discovery calls to see if we would be a good fit for your legal needs.
Schedule a ConsultationThe information on this page is provided for general informational purposes only and is not legal advice. Every trust and family situation is different, and you should consult an attorney about your specific circumstances. Viewing this page or contacting our office does not create an attorney-client relationship. Flat fee eligibility and pricing are determined after a review of your matter and confirmed in a written fee agreement.