California Trustee Notification Following Death of Settlor

California Trustee Notification Following Death of Settlor

A California Trustee Notification Following Death of Settlor is the notice a successor trustee serves after a revocable living trust becomes irrevocable because the settlor has died. Probate Code section 16061.7 generally requires it to be served on every beneficiary of the trust and on each heir of the deceased settlor within 60 days. The notification identifies the settlor and the date of the trust, names the acting trustees and how to reach them, gives the principal place of administration, and tells the recipient that a complete copy of the terms of the trust is available on request. It also carries the statutory warning, in bold type, that a trust contest generally must be brought within 120 days after service, so serving the notification is what starts that period running.

Disclaimer

This form is provided by Califorms as a general-purpose California legal form for self-help use. It is not legal advice, and purchasing or downloading it does not create an attorney-client relationship. Califorms does not complete, customize, interpret, serve, file, or record this document, and does not determine who must receive it. The trustee is solely responsible for identifying every beneficiary and every heir of the deceased settlor, for serving each of them by a permitted method, for meeting the 60-day deadline, and for including all statutorily required content and the boldface warning. A notification that is incomplete, misdirected, or served late may fail to start the contest period and can expose the trustee to liability. Identifying heirs, locating missing beneficiaries, serving a minor or a person with a conservator, and handling a trust that became irrevocable for reasons other than death are fact-specific questions, and a qualified California attorney should be consulted before serving.

Sources: Prob. Code § 16061.7, § 16061.8