How to Replace a Trustee in a California Living Trust

A living trust is a legal document that governs distribution of personal estate of the grantor (the person, or entity, which the trust is for) to its beneficiaries. It is similar to a will. However, assets listed in the trust do not go through a probate court. A trustee is the person who handles distribution of the assets to the trust beneficiaries according to the provision of the trust. Although there is a great variety of living trusts with different purposes, most commonly a living trust is set up to avoid probate court after grantor's death.

Difficulty: Moderate

Instructions

1. Write a resignation letter that includes the names of the trust, the trustee you wish to replace and the new designated trustee, signature lines for both persons and the date. The letter should state the current trustee's resignation and acceptance of the trustee appointment by the new person.

2. Have both the current and the new trustee sign the letter, acknowledging resignation and acceptance of the trustee position.

3. Notarize both signatures by a California State Public Notary.

4. Attach the letter to the trust document.

Tips & Warnings

• Consult with an attorney to make sure that everything is done correctly with regard to the provisions of your trust document.

Resources

• Living Trust FAQ

Who Can Help Sponsored

• Protect Yourself with a Trust - LegalZoom