Disbursement Notification to Heirs of a Living Trust in California
Disbursement notification, also referred to as notification of administration, provides heirs of a living trust in California with essential information about the trust and disbursement process. The trustee must issue the letter in accordance with California state law.
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Significance
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Notice of administration informs an heir and other interested parties of the date of death of the trust grantor, the file number of the estate as well as the designation and the street address of the probate court in which the trust agreement is filed and probate is pending. Trustees must provide the court with copies of the notification of administration after letters are sent to beneficiaries.
Last Will and Testament
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The trustee must certify whether the trust grantor set up a will, in which case a copy must be filed with the superior court in the county in which the decedent was living. State law also requires that a notice that the death has occurred be sent to the county assessor of each county where the decedent owned real estate.
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Copies of Trust Agreement
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Notice of administration must provide instructions for contesting the trust and state whether the entire trust or sections of the trust are irrevocable -- meaning the trust cannot be revoked or modified going forward. An heir may request copies of the trust agreement through the trustee. The trustee must provide instructions for making such requests in the notice of administration.
Time Limits
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California probate code limits the amount of time beneficiaries and interested parties have to contest a trust. According to California Probate Code 16061.7, beneficiaries and interested parties may request a hearing to investigate the validity of a trust or examine the conduct of the trustees within 120 days of receiving the notice of administration.
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