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The initial weeks after a Trust Maker's death are critical. Knowing exactly what to do—and when to do it—can make all the difference. Our comprehensive checklist walks you through the essential first steps, helping you establish a solid foundation for the entire administration process.

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Even well-intentioned Trustees can make errors that lead to personal liability, beneficiary disputes, or unnecessary delays. Learn about the 10 most common mistakes Trustees make—and how to avoid them. This essential guide could save you thousands of dollars and countless headaches.

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No, Probate is not required if the Trust was properly funded with the Maker's assets. Probate is only necessary for assets whose titles were not transferred into the Trust. If the Trust holds title to the deceased's property, those assets are distributed under the Trust's terms without court intervention. However, any assets outside the Trust may still be subject to Probate unless they have designated beneficiaries or are jointly owned. Trust administration is typically faster than Probate, less expensive, and more private.

You must notify Trust beneficiaries and legal heirs, the Social Security Administration, Medi-Cal (what Medicaid is known as in California), banks, credit card companies, and utility companies. These notices prevent fraud, ensure a smooth administration process, and satisfy legal notice obligations.

In California, the Successor Trustee's "Notice to Beneficiaries" must be made timely. This notice includes basic information about the Trust and the right to request a copy of it. This gives beneficiaries the chance to know who is in charge, view the terms of the Trust and determine if they wish to raise any objections. It also protects the Successor Trustee by starting the time period during which certain claims must be filed.

Yes. The Trust typically becomes irrevocable upon the Maker's death, and you'll need to apply for a new EIN (Employer Identification Number) for tax purposes and to set up a new Trust checking account so you can manage and account for income and expenses. Your Trust Administration Attorney may help you take care of getting the EIN and provide you with a Certification of Trust to help open the bank account.

You may need to file:

• The decedent's final income tax return
• A Trust income tax return (Form 1041)
• An estate tax return (Form 706)
• An exemption from local property tax reassessment

A Trust Administration Attorney may identify what returns are necessary and help you prepare them or refer you to a qualified tax professional.

Most attorneys who handle Trust Administrations take 6-12 months or more. It may vary, depending on the number and nature of assets, whether there are real estate sales, the number of beneficiaries, how and when they are to receive their inheritance, any tax issues, whether a court Probate is needed, or other complexities such as beneficiary disputes.

Given Kavesh, Minor, & Otis' unparalleled experience in administering over 4,000 Trusts, we can usually complete the entire process more quickly within 4-6 months, and keep the beneficiaries happy.

The attorney's fees vary based on certain factors, including:

• Asset complexity: Business interests and multiple properties
• Tax requirements: Particularly, if an estate tax return will be filed
• Terms of the Trust: Complex distribution schemes or allocations of certain assets between beneficiaries
• Court involvement: If beneficiary disputes arise or Probate is necessary

Unlike many other law firms, at the conclusion of your initial meeting with a Trust Administration Attorney at Kavesh, Minor, & Otis, you will typically be quoted a fixed fee for our services (not an estimate or hourly rate that is essentially a "blank check"). We can do that because we have handled over 4,000 Trust administrations, know what work will be involved and have developed efficient systems to complete it within our quote.

Legally, you can do it alone—but why risk personal liability if you make a mistake? Most Trustees hire a Trust Administration Attorney to avoid costly missteps and mistakes. A Trust Administration Attorney can guide the Successor Trustee through the process, draft legal notices and filings, assist with tax reporting, and help resolve any disputes. Legal help is especially important if the Trust owns real estate, a business, or has multiple beneficiaries with competing interests.

Keep in mind the attorney's fees can usually be paid from Trust assets, rather than out of your own pocket, and do not reduce the Trustee fees you may otherwise be entitled to.

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