HOT TOPIC
SUCCESSOR TRUSTEE'S DUTY TO ACCOUNT
WHAT SHOULD BE INCLUDED IN YOUR ACCOUNTING AS THE SUCCESSOR TRUSTEE?
PROBATE CODE 16063 Contents of Account by Successor Trustee
(a) An account furnished pursuant to Probate Code Section 16062 shall contain the following information:
(1) A statement of receipts and disbursements of principal and income that have occurred during the last complete fiscal year of the trust or since the last account.
(2) A statement of the assets and liabilities of the trust as of the end of the last complete fiscal year of the trust or as of the end of the period covered by the account.
(3) The trustee’s compensation for the last complete fiscal year of the trust or since the last account.
(4) The agents hired by the trustee, their relationship to the trustee, if any, and their compensation, for the last complete fiscal year of the trust or since the last account.
(5) A statement that the recipient of the account may petition the court pursuant to Section 17200 to obtain a court review of the account and of the acts of the trustee.
(6) A statement that claims against the trustee for breach of trust may not be made after the expiration of three years from the date the beneficiary receives an account or report disclosing facts giving rise to the claim.
(b) All accounts filed to be approved by a court shall be presented in the manner provided in Chapter 4 (commencing with Section 1060) of Part 1 of Division 3.
Remember that beneficiaries are allowed to get some information short of a formal full accounting.
Probate Code Section 16060 provides as follows: "The trustee has a duty to keep the beneficiaries of the trust reasonably informed of the trust and its administration".
PROBATE CODE 16063 Contents of Account by Successor Trustee
(a) An account furnished pursuant to Probate Code Section 16062 shall contain the following information:
(1) A statement of receipts and disbursements of principal and income that have occurred during the last complete fiscal year of the trust or since the last account.
(2) A statement of the assets and liabilities of the trust as of the end of the last complete fiscal year of the trust or as of the end of the period covered by the account.
(3) The trustee’s compensation for the last complete fiscal year of the trust or since the last account.
(4) The agents hired by the trustee, their relationship to the trustee, if any, and their compensation, for the last complete fiscal year of the trust or since the last account.
(5) A statement that the recipient of the account may petition the court pursuant to Section 17200 to obtain a court review of the account and of the acts of the trustee.
(6) A statement that claims against the trustee for breach of trust may not be made after the expiration of three years from the date the beneficiary receives an account or report disclosing facts giving rise to the claim.
(b) All accounts filed to be approved by a court shall be presented in the manner provided in Chapter 4 (commencing with Section 1060) of Part 1 of Division 3.
Remember that beneficiaries are allowed to get some information short of a formal full accounting.
Probate Code Section 16060 provides as follows: "The trustee has a duty to keep the beneficiaries of the trust reasonably informed of the trust and its administration".
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