Settle a straightforward trust

When a person's assets are held in a living (revocable) trust, there is usually no probate. Instead, the successor trustee named in the trust administers it directly. That sounds like the easy path — and it is, compared to full probate — but "no court" is not "no process." The trustee steps into a series of legal duties with real deadlines, has to move every asset out of the trust the right way, and is personally responsible for doing it correctly (Probate Code §16061.7).

Here's everything trust administration actually involves — the part the "avoid probate" pitch skips.

Everything trust administration actually involves

• Confirming your authority. You have to establish that the assets are titled in the trust and that you are the successor trustee entitled to act — the thing every institution will ask you to prove.
• The §16061.7 notice. A written notice to every heir and beneficiary, generally within 60 days. Serving it correctly starts a 120-day window to contest the trust; getting it wrong leaves the trust exposed to challenge much longer.
• A Certification of Trust. Banks and title companies won't accept the whole trust document — they want a Certification of Trust proving your authority. You'll present it again and again.
• An inventory and date-of-death values. A full list of what the trust holds — real property, accounts, securities, business interests — with values that also matter for taxes and the beneficiaries' cost basis.
• Retitling every asset, one institution at a time. There is no single filing. Each property needs a new deed plus a PCOR; each bank, brokerage and transfer agent has its own paperwork, and some require a medallion signature guarantee.
• Debts, expenses and taxes. Final bills, the decedent's final income-tax return, and any trust tax filings come before distribution — pay beneficiaries too early and the trustee can be personally on the hook.
• Distribution and records. Once the contest window has run and obligations are settled, assets are distributed per the trust, with documentation kept so the trustee can show it was done right.

Where do-it-yourself trustees get stuck

Trust administration isn't one hard task — it's many small ones spread over months, each with its own rules. The §16061.7 notice has a deadline and a contest clock most people don't know exists. Retitling means repeating a different process at every bank, brokerage and county recorder. Debts and taxes have to be handled in the right order. And the trustee carries personal, fiduciary responsibility the whole way — so a well-meaning shortcut (distributing early, skipping the notice, losing track of an account) isn't just a delay, it's exposure.

People become successor trustees once, usually for a parent, with a day job and no map of the moving parts. The trust says what to do; it doesn't track how or when.

How ProbateClear and your LDA handle it

We confirm your authority, prepare and serve the §16061.7 notice on the right people on time, and produce the Certification of Trust institutions will accept. We help you inventory the trust, retitle each asset — deeds and PCORs for real property, the right paperwork for each financial institution — and sequence debts and taxes before distribution so you aren't personally exposed. A licensed Legal Document Assistant prepares and tracks the paperwork end to end.

A contested trust, or one that needs a court ruling, is referred out — but the routine administration most families face is exactly what we handle, for one flat fee instead of months of guessing which institution needs what next.

How it works

1. Confirm the trust and the successor trusteeWe confirm the assets are titled in a revocable (living) trust and that you are the successor trustee named to act — the authority you'll need to show every bank, brokerage and county recorder.
2. We prepare and serve the §16061.7 noticeCalifornia Probate Code §16061.7 requires the trustee to serve a written notice on every heir and beneficiary — generally within 60 days. We draft and serve it; serving it correctly starts the 120-day clock during which someone could contest the trust.
3. We prepare a Certification of TrustBanks and title companies don't get the whole trust — they accept a Certification of Trust that proves your authority to act. We prepare it so institutions release and retitle assets.
4. Inventory the trust assetsWe help you list everything the trust holds — real property, accounts, securities, business interests — and gather date-of-death values, which also matter for taxes and basis.
5. Retitle each asset, one institution at a timeEvery asset is moved into the beneficiaries' names or to a sub-trust: a new deed plus a PCOR for each property, and separate paperwork for each bank, brokerage and transfer agent — each with its own forms and requirements.
6. Address debts, expenses and taxesFinal bills, the decedent's final income tax return, and any trust tax filings are handled before distribution, so the trustee isn't personally exposed for paying beneficiaries too early.
7. Distribute and documentOnce the contest window has run and obligations are settled, assets are distributed per the trust, with records kept so the trustee can show the administration was done correctly.