Legal Question in Wills and Trusts in California

does a trustie of a trust have to send a certified letter to all beneficeries of the trust when a person dies?


Asked on 6/14/11, 3:44 pm

2 Answers from Attorneys

Michael Weinstein Law Office of Michael R. Weinstein

When a trustor (the person who established the trust) dies, the trust normally becomes irrevocable. The California Probate Code requires the the trustee or successor trustee (if the grantor was the original trustee) send a notice to all beneficiaries and potential beneficiaries that the trust has become irrevocable, who the trustee is and where it will be administered from. Additionally, the notice states that the beneficiaries are entitled to a copy of the trust and that they have 120 days to object to the trust. The notice does NOT have to be sent via certified mail. However, it is normal practice to attach a proof of service to the notice in case someone claims they never received the notice.

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Answered on 6/14/11, 3:55 pm
Kurt Seidler Law Offices of Kurt A. Seidler APC

Sending the notice by certified mail with proof of receipt is not a bad idea, however; hard to argue with the little green postcard...

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Answered on 6/15/11, 9:16 am


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