Answer FileEstate Planning

What does a trustee owe the beneficiaries in California?

The answer, cited

Strict fiduciary duties: loyalty under Probate Code section 16002, impartiality among beneficiaries, prudent management, and information. Probate Code section 16062 requires an accounting at least annually and at termination, and beneficiaries can petition the probate court under Probate Code section 17200 to compel compliance, surcharge losses, or remove the trustee.

A California trustee is a fiduciary under the Trust Law, Probate Code section 16000 et seq., and the duties are enforceable, not aspirational. The trustee must administer the trust solely in the beneficiaries' interest (section 16002), deal impartially among them (section 16003), avoid self-dealing, keep trust property separate, and invest prudently under the Uniform Prudent Investor Act (section 16045 et seq.). Information duties have teeth of their own: the trustee must keep beneficiaries reasonably informed (section 16060) and, for most irrevocable trusts, render an accounting at least annually, at termination, and on a change of trustee (section 16062). A beneficiary who suspects trouble can demand an accounting and, if refused, petition the probate court under section 17200 to compel it, instruct the trustee, surcharge losses, or seek removal (section 15642). Remedies for breach are broad (section 16420), and acting promptly matters; a served accounting can start a short window for objections running.

Authority: Cal. Prob. Code § 16062

Source: Cal. Prob. Code § 16062 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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