Estate Planning · Haute Lawyer Network

    What Happens to a Trust After Death?

    Last reviewed: October 2026 · Jurisdiction: United States (examples: Uniform Trust Code states, California)

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    Does a trust go through probate when the grantor dies?

    Assets properly titled in the trust generally don't. The successor trustee transfers them under the trust's terms without a probate case. Assets left outside the trust, such as an account never retitled, may still need probate unless they pass by beneficiary designation or joint ownership.

    What does a successor trustee owe the beneficiaries?

    Fiduciary duties: loyalty, prudent management, impartiality among beneficiaries, and keeping them reasonably informed. Under the Uniform Trust Code (§ 813) that includes notice and regular reports; California requires an accounting at least annually in most cases (Prob. Code § 16062).

    Can beneficiaries challenge a trust after the grantor dies?

    Yes, on grounds such as lack of capacity, undue influence, fraud or improper signing. Deadlines can be short. In California, a contest generally must be filed within 120 days after the trustee's notice, or 60 days after a copy of the trust is delivered if that's later (Prob. Code § 16061.8). Other states set their own deadlines, so talk to a lawyer quickly.

    Do beneficiaries get a copy of the trust?

    Usually, on request. In California, beneficiaries and heirs who receive the trustee's notice can ask for a complete copy of the trust terms (Prob. Code § 16061.7). Uniform Trust Code states give beneficiaries a similar right to request the trust instrument.

    Can the trustee sell the house after the grantor dies?

    Usually, if the trust gives the trustee power to sell, as most do; the Uniform Trust Code also lists selling trust property among a trustee's default powers (§ 816). The trustee must act prudently and get fair value, and must follow any terms that require beneficiary consent or leave the house to a specific person.

    How long does it take to settle a trust?

    There's no fixed deadline. Simple trusts holding cash and securities can finish within months; real estate sales, business interests, estate tax returns or disputes can push it past a year.

    What happens if a named beneficiary has already died?

    The trust document controls. It often sends that share to the beneficiary's descendants (per stirpes) or to the surviving beneficiaries. If the trust is silent, state law fills the gap.

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    This information is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.