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Commonly Asked Questions about Trust Administration Forms

A trustee is the person in charge of a trust. An administrator is the person appointed by the probate court to oversee a decedents estate when there is no will. An executor is the person appointed by the probate court to oversee a decedents estate when the will has been admitted to probate.
Generally, trusts are administered outside of Probate Court. However, situations may arise that require Court involvement. For example, a trust may need to be modified, or a trustee may need to be removed. In those situations, an interested party may file a petition in the Probate Court.
Draw Up the Trust Document There is no single form that you have to use in California to do this, but there are some options. If youre confident in your abilities, you can download a program online to help you write a document. Otherwise, youll want to get the help of either a lawyer or a financial advisor.
Keep it safe, but accessible Some safe storage suggestions include a locked home safe or filing cabinet or a fireproof safe box in your home or office or in a safe deposit box as long as your successor trustee knows the location of the original documents and can get a hold of them after your death.
California law states that a trust is created only if: The settlor properly manifests an intention to create a trust; There is trust property; and. There is a beneficiary (unless it is a charitable trust).
The Basics of Trust Administration Gather essential documents. Provide notice to beneficiaries. California law requires that notice of the trust administration be given to heirs and beneficiaries of the trust. Identify and value assets. Identify debts. Responsibly invest trust assets. Obtain titles.
The 4 Biggest Mistakes Parents Make When Setting Up a Trust Fund Not choosing the right Trustee. Choosing the wrong Trustee is a common mistake parents make. Not being clear about the goals of the Trust. Not including asset protection provisions. Not reviewing the Trust annually.
A major factor is the rate charged by the attorney, which may be between $200 and $400 per hour depending on the attorneys expertise, experience and business practices. Theres no set hourly rate or cost for a living trust. However, an average California attorney may charge about $2,000 for the job.