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Agoura Hills Estate Planning, Probate & Trust Attorneys

I'm a Trustee. How may days before I have to send the §16061.7 notice?

Providing Peace of Mind One Estate Plan at A Time

In most cases, California Probate Code §16061.7 requires that the Trustee send the Notification by Trustee within 60 days of the triggering event (usually the death of the Trust's Settlor).

The actual language of the statute reads like this:

"The notification by trustee shall be served not later than 60 days following the occurrence of the event requiring service of the notification by trustee, or 60 days after the trustee became aware of the existence of a person entitled to receive notification by trustee, if that person was not known to the trustee on the occurrence of the event requiring service of the notification." CA Probate Code §16061.7(f).

"What if there is a vacancy in the trusteeship?" you ask. The answer comes from the same subsection 16061.7(f). In such as case:

"[t]he 60-day period for service of the notification by trustee commences on the date the new trustee commences to serve as trustee."

Are you a Trustee wondering whether you must send this notice? Call us (818.707.8200). In our law practice, we represent Trustees, helping them navigate the tricky waters of California Trust law.

[For information only; may NOT be relied upon as legal advice.]