Do I need to hire a probate attorney to settle my parent's trust?

This guide is written for adult children who want to administer a parent's funded revocable living trust themselves, without a probate attorney. It walks the full sequence from locating the trust documents to closing the trust, naming the form and the authority for each step. It is not for you if the trust is unfunded, the estate is insolvent, the beneficiaries are in conflict, or you need court approval to act as trustee — those situations call for professional help.

Is this guide for California only?

Yes. The notice to heirs and beneficiaries follows California Probate Code §16061.7 with its 60-day mailing deadline, and every step reflects California trust administration without court supervision. If the parent's trust is governed by another state's law, the statutory notice, forms, and deadlines will differ.

My parent's trust was never fully funded. Is this still useful?

The guide covers funded trusts, where the trust holds most of the parent's assets, and it does not cover unfunded trusts. If some but not all assets were moved into the trust, the inventory phase explicitly helps you identify funding gaps and determine the fix, so partial gaps are within scope.

What if the beneficiaries don't get along or someone challenges me?

This guide is for straightforward, consensual estates where all beneficiaries get along. Contested trusts and litigation are out of scope, and so are trustees who need court approval to act. If you face a dispute over the trust, a probate attorney is the right next step.

What if probate has already been opened for the estate?

The prerequisites assume no court proceeding is active and no probate has been opened for the estate. Because the guide administers the trust without court supervision, this sequence does not apply once probate is underway — you should consult an attorney about the estate as it stands.

What if I'm already halfway through and stuck on a step?

The guide follows administration in six phases, from locating the trust documents to closing the trust's EIN, so you can pick up at the phase where you are stuck. You just need the prerequisites in place: the original trust instrument and amendments, the beneficiaries' current addresses, and no open court proceeding.

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Settle a parent’s living trust as successor trustee

A trust administered and closed: the statutory notice to heirs and beneficiaries mailed with proof of mailing inside the deadline, an EIN and trust account opened, date-of-death valuations recorded, every asset retitled or distributed, a written accounting delivered, and a signed receipt and release from each beneficiary.

Fby Finito HQEchipa Finito

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Who it's for

Adult children in the United States who have been named successor trustee of a parent’s funded revocable living trust and want to administer the estate themselves without hiring a probate attorney. Ideal for straightforward, consensual estates where all beneficiaries get along and the trust owns most of the parent’s assets. Not for contested trusts, insolvent estates, or trustees who need court approval to act.

About this playbook

This guide walks the successor trustee through the exact sequence California law requires to administer and close a parent’s funded revocable living trust without court supervision. You will identify the trust assets, mail the statutory notice to beneficiaries within the 60-day deadline, obtain an EIN, retitle every asset into the trust’s name, value the estate at date of death, file final income tax returns, deliver a written accounting, collect signed receipts and releases, and make final distributions. It covers funded trusts only — it does not cover unfunded trusts, probate, or litigation. Each step names the form, the authority, and the decision rule you need.

What you'll do, step by stepFree preview

6 phases · 23 steps

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Phase 1: Locate the trust documents and establish your authority as trustee
4 steps
Phase 2: Notify all beneficiaries within the statutory deadline
3 steps
Phase 3: Inventory and value every trust asset at date of death
3 steps
Phase 4: Open the trust estate and retitle assets into the trust’s name
4 steps
Phase 5: Settle debts, file taxes, and handle creditor claims
4 steps
Phase 6: Account to beneficiaries, distribute assets, and close the trust
5 steps

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Details

Estimated duration22 hours 20 min

Steps23

Estimated budget$500 – $2,500 USD depending on filing fees, certified mail, notary costs

What you need first

The original trust instrument and all amendments are in your possession. You have a computer, printer, scanner, and access to a notary public. The decedent’s mail is forwarded to you or you can collect it. You know the names and current mailing addresses of every beneficiary and heir. No court proceeding is active and no probate has been opened for this estate.