Picking a trustee can be more complicated than writing the rest of your trust. You’re choosing who’ll pay your bills if you get sick and hand your house to your kids after you’re gone.
You’ll usually serve as your own trustee while you’re alive, so the choice that matters is your successor trustee. That person should be organized, fair, and willing to do the work. Quinn & Dworakowski, LLP helps Orange County families weigh that choice, and we can walk you through each option before anything gets signed.
What Does a Successor Trustee Do in California?
A successor trustee runs your trust when you can’t. During incapacity, that means paying your mortgage and using trust money for your care, as the Santa Clara County Superior Court’s living trust guide describes. After your death, your trustee must send a formal written notice to your beneficiaries and heirs under California Probate Code § 16061.7. The deadline is generally 60 days. If you were your own trustee, that clock usually starts when your successor begins serving. A dedicated Orange County Estate Planning Lawyer can help guide the successor trustee through the process of paying final debts and distributing property.
Should I Choose a Family Member or a Professional Trustee?
An adult child works well when they keep good records and the family gets along. Trouble starts when one sibling controls the money and three others are waiting on it.
A professional trustee brings neutrality for an annual fee. Under the Professional Fiduciaries Act, a paid non-family trustee serving more than three unrelated people generally needs a license from the Professional Fiduciaries Bureau, which oversaw 841 active licensees in 2022. Banks and trust companies are exempt, and some families pair a relative with a professional as co-trustees.
A California living trust attorney on our team, led by estate planning head Sophy Han, can compare those options with you in English or Chinese.
Choosing a Trustee During a California Divorce
A divorce limits some changes to your trust, but swapping your successor trustee is often still allowed. Once a petition is filed, automatic restraining orders under California Family Code § 2040 require notice to your spouse before you revoke a revocable trust, and they bar funding a new one without consent or a court order. If you die while the case is pending, the person you’re divorcing may still control your trust. Our certified family law specialists handle both sides of that problem.
Frequently Asked Questions
Can I change my successor trustee later?
Yes, as long as your trust is revocable and you have capacity. You’ll sign a written trust amendment, then give the new trustee a copy.
Can a beneficiary also be the trustee?
Yes, and it’s common for an adult child to be both. The Alameda County Superior Court’s guide explains that the trustee still owes duties to every beneficiary, siblings included.
What happens if my successor trustee can’t serve?
Your named backup steps in. If nobody’s left, a beneficiary can petition the Orange County Superior Court to appoint one, so it pays to name two or three alternates.
Quinn & Dworakowski, LLP: Your Estate Planning Law Firm
Unsure who to name as your trustee, or how to plan around a changing marriage? You don’t have to figure it out alone. If you have doubts about your setup, we can help you evaluate your choices and keep the peace in your family. Contact our firm today.
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