Orange County California
Trust Attorneys

Call us: (714) 282-7488
Select Page

Do Beneficiaries Need to Be Notified of the Existence of a Trust? When the creator(s) of the trust (also referred to as Trustor(s)) create a trust it is considered revocable by the Trustor. This is because the Trustor is still living.  Because it is revocable there is no requirement that the beneficiaries be given copies of the trust at that time.

Alternatively, after the Trustor(s) pass away should the beneficiaries be notified?

Now, the trust becomes irrevocable and under California Law. There is a requirement that all the beneficiaries of the now irrevocable trust as well as all the legal heirs of the decedent be provided with notice of the decedent’s death as well as the existence of the trust (California Probate Code Section 16061.7).  At that point, any one of the legal heirs or beneficiaries may legally request a copy of the trust. The successor trustee is then obligated to provide a copy to them.

Beneficiaries are those individuals named or referenced within the trust document.

Legal heirs are those relatives that California law considers to be the next in line for inheritance purposes in the event that the person passed away without an estate plan. Both groups of individuals must be given the notice, which we refer to as 16061.7 Notification .

Do Beneficiaries Need to Be Notified of the Existence of a Trust? If you are the successor trustee of someone’s trust and have been named to wind down the estate, please contact our office at (714) 282-7488 and one of our experienced estate planning attorneys will be happy to assist you in the next steps to winding down the trust and the estate.

Pin It on Pinterest

Due to the CoVid19 virus California has issued a Stay-at-Home order. We understand how important the health and safety of our clients, and our staff is. We are complying with this order by continuing to work from our homes. While we are not in the office, we are still here to answer your questions, conducting consultations for review, and initial appointments by phone and email during normal business hours. We know that in this time, more than ever, it is important to have peace of mind about your estate planning. We are here to help you through this. Call our office number or email us and we will respond as quickly as possible.