Serving as a Trustee in California: Nine Duties You Must Honor

After accepting an appointment as trustee of a trust in California, you may not be aware of the legal duties that you have taken on. These duties are outlined in the California probate code. They may also be described directly in the trust instrument. Fortunately, an experienced Anaheim trust lawyer is familiar with the process of administering a trust and can guide you through the process.

Generally, the duties of a trustee in California include the following:

  • To administer the trust in accordance with the provisions outlined in the trust instrument and with California law.
  • To administer the trust for the benefit of the beneficiaries.
  • To treat all beneficiaries equally.
  • To avoid using the assets of the trust for the benefit of the trustee.
  • To avoid creating a conflict of interest by serving as trustee of a different trust that has adverse interests.
  • To keep trust assets separate from the personal assets of the trustee.
  • To manage, preserve, and protect trust property.
  • To use his or her skill while administering the trust.
  • To work cooperatively with co-trustees, if any.

To learn more about the role of a trustee, view our complimentary DVD, Understanding the Revocable Living Trust in Language that Anyone Can Understand in 8 Minutes. Our office of experienced Anaheim trust attorneys can guide you through the process of administering a trust in accordance with California law and the terms of the trust. Call us today at (714) 459-5481 for a consultation.

James F. Roberts
Founder and owner of the Law Office of James F. Roberts and Associates, a premiere estate planning law firm
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