The living trust enters a new phase called Trust Administration. When a person or couple has a living trust and they pass, the trust will need to be administered to finish the terms laid out in the living trust. The original owner(s) of the trust was the trustee(s), but the next in line named in the trust would be in charge. This person is referred to as the The Successor Trustee. At this point the Trustee generally has administrative duties to complete:
- Obtain EIN number for the Trust
- Open bank account in the name of the trust;
- Documenting the assets of the trust;
- Pay all outstanding debts and/or taxes of the decedent and estate;
- Distributing the assets to the named beneficiaries according to the terms set forth in the trust document.
Creating the needed paperwork is something that The Trust Pros can help with. We refer to this as our Successor Trustee Service.
Provided paperwork for Successor Trustee service includes the following:
1. A three page checklist of items that need to be addressed when someone passes away
2. Completed Real Property paperwork (CA only) which includes:
a. Preliminary Change of Ownership Report (county recorder application)
b. New Quitclaim Deeds transferring Real Property to beneficiaries
c. Affidavit of death
3. Affidavit of Assumption of duties, which is presented to banks with trust accounts. This document affirms your role as the new Successor Trustee for the Trust.
4. Notification of Probate Code 16061.7 Form. This required and is delivered to all beneficiaries along with Living Trust Declaration.
5. If needed, Final Trust Distribution Letter (provided for an additional fee), signed by all parties in front of a notary, thus agreeing to terms of distribution.
6. Assistance filling out related forms from financial institutions.
The Trust Pros is a legal document service only, meaning we prepare paperwork only. If you need legal advice or If one of the parties mentioned in the trust decide to hire an attorney and send you correspondence, you will need to hire an attorney separately.