Trust administration
Do I have to notify beneficiaries when a trust becomes irrevocable?
Yes, and the notice is what starts the clock on any contest. Serving it early is what closes that window early.
Yes. California requires the trustee to serve a formal notification on beneficiaries and on the deceased settlor's heirs when a revocable trust becomes irrevocable on death. It is not optional, it is not discretionary, and the deadline is measured in days.
Why trustees skip it, and why they should not
The usual reason is delicacy. Sending a legal notice to your own brother weeks after your mother's funeral feels like an act of aggression, so it gets put off until things settle down.
The notice works in exactly the opposite direction. Serving it starts the period within which someone can bring a contest. Until it goes out, that period has not begun, and the trust remains open to challenge long after everyone assumed the matter was closed. The delicate choice is the one that leaves the family exposed for years.
What the notice has to contain
It identifies the settlor and the trust, names the trustee and says how to reach them, states the beneficiary's right to request a complete copy of the trust, and gives the warning about the time limit for bringing a contest. Getting the contents wrong is as good as not serving it, so keep proof of what was sent and when.
A separate notice goes to the Department of Health Care Services where the deceased received Medi-Cal, which is a step families almost never know about.
The other document: a certification of trust
This is the one banks and title companies ask for, and it is a different thing entirely. A certification is a short document proving your authority as trustee without handing over the whole trust instrument. It confirms the trust exists, who the trustee is, and what powers they hold, while keeping the distribution terms private.
You are entitled to give a certification instead of the full document, and you generally should. There is no reason for a branch manager to know how your mother divided her estate.
Also on trust administration
- When can a trustee safely distribute trust assets?Distributing early is the one mistake that cannot be undone, because the trustee is personally on the hook for what is then missing.
- I have been named successor trustee. What do I do first?There is a sequence, it starts sooner than most people are told, and the first ninety days decide the next three years.
- The trustee will not tell me anything. What am I entitled to?More than most beneficiaries realize, and silence past a certain point stops being a family matter and becomes a legal one.
- Can a beneficiary force me to provide a trust accounting?In most cases yes, and a trustee who cannot produce one is in a weak position however honestly they have acted.