Trust Administration: Why Trustees Need a Licensed Estate Planning Attorney

Creating a trust is one of the best ways to protect your family and avoid probate—but the work doesn’t stop there. After the trustmaker passes away, the trust must be administered correctly. That process, called trust administration, is a legal responsibility that falls to the trustee—often a family member or close friend.

At East County Estate Planning, PC, we guide trustees and families through the complex trust administration process across Kirkland, Redmond, Bothell, Woodinville, Sammamish, and King County, Washington, as well as La Mesa, Santee, El Cajon, and San Diego County, California. If you’ve been named a trustee, here’s what you need to know—and why you shouldn’t try to navigate it alone.

What Is Trust Administration?

Trust administration is the legal and financial process of managing and distributing the assets of a trust after the trustmaker (also known as the grantor or settlor) has passed away. It includes:

• Notifying beneficiaries and government agencies

• Valuing and managing trust assets

• Paying debts and taxes

• Filing court-mandated documents (if required)

• Distributing assets according to the terms of the trust

Although trusts are designed to avoid probate, they do not automatically avoid all legal or financial complexity. In fact, trustees have a legal fiduciary duty to act in the best interests of the beneficiaries—and failure to do so can result in personal liability.

Responsibilities of a Trustee

In both California and Washington, a trustee must carry out several duties, including:

• Providing notice to all beneficiaries and heirs

• Creating a full inventory of all trust assets

• Obtaining professional appraisals if required

• Filing and paying taxes (estate tax, income tax, and possibly property tax reassessments)

• Keeping records and providing accountings to beneficiaries

• Distributing assets in accordance with the trust terms

Each of these steps must be done with accuracy, transparency, and legal compliance. Mistakes or delays can cause conflict—and even lawsuits.

Why Trustees Need a Licensed Attorney

Being a trustee is not just a ceremonial role. It’s a legally binding position that requires attention to detail, financial savvy, and full knowledge of state laws. That’s why every trustee should be represented by an experienced estate planning attorney during the trust administration process.

Here’s Why:

1. Avoid Costly Legal Mistakes

   Even simple trusts can have hidden complexities. Misinterpreting a clause, missing a required notice, or distributing assets too soon can result in penalties or lawsuits from beneficiaries. An attorney ensures every action complies with the law.

2. Ensure Proper Tax Filings

   Trusts may need to file IRS Form 1041, state income tax returns, and possibly estate tax filings if the estate is large. Mistakes here can be expensive. We work with your CPA or tax preparer to ensure everything is properly handled.

3. Manage Beneficiary Expectations

   Trustees are often caught in the middle between legal obligations and family pressure. An attorney helps manage communication, enforce deadlines, and prevent misunderstandings.

4. Protect the Trustee from Liability

   If a trustee breaches their fiduciary duty—even unintentionally—they can be held personally liable. With legal counsel, trustees can act confidently and avoid exposure to lawsuits or claims of mismanagement.

5. Stay in Compliance with State Law

   Trust administration laws in California and Washington differ significantly. In California, the trustee must provide a Notice to Beneficiaries under Probate Code §16061.7, while in Washington, non-judicial binding agreements may require different formats and disclosures. Having a local attorney ensures your actions meet your state’s legal requirements.

   
   

Local Experience Matters

Whether you're administering a trust in San Diego County, California, or King County, Washington, working with a licensed local attorney ensures the trust is handled smoothly and efficiently.

At East County Estate Planning, PC, we represent trustees and families in:

• California: La Mesa, Santee, El Cajon, and throughout San Diego County

• Washington: Kirkland, Redmond, Bothell, Woodinville, Sammamish, and greater King County

We take the time to walk you through each step, prepare all the legal documents, and handle any challenges that arise—so you can focus on honoring your loved one’s legacy.

Don’t Do It Alone—We’re Here to Help

If you’ve been named as trustee, don’t risk your financial or legal future by trying to manage trust administration on your own. The process is more complex than it seems, and your actions carry serious responsibility.

East County Estate Planning, PC will ensure the trust is administered correctly, lawfully, and efficiently—giving you confidence, clarity, and peace of mind.

📞 Schedule a consultation today and let us guide you through trust administration with care and professionalism.

Office Locations

• La Mesa Office

• Kirkland Office

📞 Call us today at (619) 566-8084 or visit www.ecestateplanning.com to schedule your free consultation.

Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Reading this blog or contacting our firm through this website does not create an attorney–client relationship. You should not act or refrain from acting based on any content included in this blog without seeking appropriate legal or other professional advice specific to your situation.