When you accept the role of trustee, you aren’t just taking on a favor for a family member or friend. You’re stepping into a legal obligation with real consequences. The duties of a trustee in California are wide-ranging, and they begin the moment you agree to serve. Missteps can lead to lawsuits, family tension, and personal liability, even when well-intentioned. So, what exactly are these responsibilities?
At their core, trustee responsibilities involve managing someone else’s assets for the benefit of others. However, this simple definition obscures the legal complexity underlying the role. If you’re not entirely confident you understand what the law expects of you, you’re not alone. That’s why the attorneys at Geremia & Cullen, PC offer practical, client-centered legal guidance to help trustees meet their obligations without risking their peace of mind.
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Duties Of a Trustee in California: What California Law Requires
The California Probate Code codifies the duties of a trustee. These statutes outline how a trustee must behave with loyalty, prudence, impartiality, and transparency. These aren’t vague ethical suggestions; they’re enforceable legal duties.
Some of the most important trustee fiduciary duties include:
- Duty of loyalty. You must always act in the best interests of the beneficiaries, not yourself. Even the appearance of self-dealing can trigger a legal challenge.
- Duty of prudence. You must manage trust assets with the care a reasonable person would use for their own property.
- Duty to keep beneficiaries informed. Including providing regular accounting and updates. Hiding information or delaying communication violates the law.
- Duty to follow the trust terms. Deviating from the instructions in the trust document can result in breach of duty claims.
Failing in any of these areas exposes a trustee to potential lawsuits and removal.
Responsibilities of a Trustee: Day-to-Day and Big Picture
The responsibilities of a trustee extend beyond investment decisions and managing finances. They include navigating emotionally charged family dynamics, interpreting complex legal language, and making informed decisions that can directly impact someone’s future.
Trustees are often surprised by the amount of paperwork involved. You’ll need to:
- Secure and inventory all trust property,
- Notify beneficiaries and creditors,
- File and pay taxes,
- Keep meticulous records, and
- Facilitate timely and accurate distributions.
You may also need to interpret unclear provisions in the trust or coordinate with accountants, financial advisors, and appraisers. Many trustees start strong but become overwhelmed once disputes arise or decisions become more complex.
Common Misunderstandings About Trustee Responsibilities
Too often, trustees underestimate their legal exposure. For example, co-mingling personal and trust funds, even by accident, can lead to allegations of mismanagement. So can missing a tax deadline or favoring one beneficiary over another. Trustees must also maintain detailed records of every transaction. If you loan trust property to a family member or allow a vendor to use trust assets informally, you could be liable for losses, even if your intentions were good.
Courts in California take trustee fiduciary duties seriously. So do unhappy beneficiaries. While the law allows trustees to seek help, many wait too long to do so. That delay can create a mess even the most experienced lawyer will have to untangle.
What Happens When a Trustee Makes a Mistake?
Even minor missteps can snowball into significant consequences. If a trustee fails to follow the terms of the trust or makes poor financial decisions, beneficiaries can bring legal action to:
- Remove the trustee,
- Demand a full accounting, and
- Recover misused or misappropriated funds.
Under California law, the court has broad discretion to step in and remedy a breach of trust. In some cases, the trustee may even be held personally liable. But not every dispute requires a courtroom. Trustees who act quickly and consult counsel early often resolve issues informally, avoiding permanent damage.
Just named trustee and unsure where to start?
You’re not alone. We’ll walk you through your responsibilities so you can handle the role with confidence—and without costly mistakes.
If you’re navigating trustee responsibilities in California, you don’t have to do it alone. At Geremia & Cullen, we help trustees understand and carry out their legal duties clearly and confidently. Whether you’re administering a simple family trust or overseeing a complex estate with contested terms, we can assist with:
- Explaining the trust instrument,
- Ensuring legal compliance,
- Responding to beneficiary concerns,
- Preparing accounts and reports, and
- Defending you against breach of duty claims.
Understanding the duties of a trustee in California requires more than a web search. It requires calm, capable guidance from professionals who understand the role’s legal, emotional, and human dimensions. We’ve handled some of California’s most sensitive trust disputes and approach every case with honesty, precision, and respect for the people involved.
You Don’t Have to Guess. You Just Have to Ask.
At Geremia & Cullen, PC, we believe in clear advice, realistic expectations, and helping you do right by those who trusted you with this role.
Founding attorney Brian Geremia brings more than just litigation experience; he brings insight shaped by years of trust and elder law practice and the empathy to guide clients through high-stakes decisions with clarity and compassion. A three-time Super Lawyers Rising Star and recipient of the Martindale Client Platinum Champion award, Brian explains what the law says and what it means for you.
Sarah Cullen brings a deeply rooted Sacramento perspective and over two decades of legal experience to the team. Known for her professionalism and personal warmth, Sarah helps clients stay grounded and confident, even when facing family conflict or difficult fiduciary responsibilities.
Together, they offer a different kind of law firm: one that listens, educates, and helps clients move forward without confusion, pressure, or legal jargon. And because Geremia & Cullen often handle qualified trust litigation cases on a contingency basis, you may not owe anything unless they win or settle your case.
Contact us today for honest and thoughtful guidance you can rely on. You’re not just managing a trust. You’re carrying someone’s legacy.
