If you’re a California resident managing a testamentary trust and wondering whether you have the legal authority to participate in estate proceedings, the answer is clear: yes, you do. The California case Estate of Tarlow establishes that a trustee of a testamentary trust has standing to file a petition in an estate proceeding because the trustee is considered a devisee under the will.
Who This Article Is For
This guidance is essential for:
- Trustees of testamentary trusts who need to protect trust assets during estate administration
- California residents serving as executors or administrators who need to understand who can participate in probate proceedings
- Family members managing California-based assets who are concerned about their legal rights in estate matters
- Anyone navigating the complexity of California probate law and seeking clarity on trustee authority
What Problem Does This Solve?
Many trustees face uncertainty about their legal standing in estate proceedings. Can you challenge an executor’s actions? Can you petition the court for clarification on will provisions? Can you protect trust assets that depend on proper estate administration? Estate of Tarlow answers these questions by confirming that trustees have the same standing as other beneficiaries named in the will.
Key Takeaway: Trustees Are Devisees
The principle is straightforward: a trustee of a testamentary trust is a devisee under the will.This means:
- You have legal standing to file petitions in the estate proceeding
- You can participate in hearings and challenge estate administration decisions
- You can protect the interests of the trust and its beneficiaries
- Your authority comes directly from your designation in the will
Real-World Application: When Trustees Need Standing
Consider these common scenarios where trustee standing matters:
Scenario 1: Protecting Trust Funding
An executor delays transferring assets to your testamentary trust. As trustee, you can file a petition to compel the transfer because you have standing as a devisee.
Scenario 2: Challenging Estate Administration
You believe the executor is mismanaging estate assets that should fund your trust. Your standing allows you to petition for an accounting or removal of the executor.
Scenario 3: Clarifying Will Provisions
The will contains ambiguous language affecting your trust. You can petition the court for interpretation without needing to rely on other beneficiaries.
Why California Residents Need to Understand This Rule
California’s probate system is complex, and understanding your rights as a trustee protects both you and the beneficiaries you serve. This ruling ensures that:
- Trust assets are properly protected during estate administration
- Trustees can act independently to fulfill their fiduciary duties
- Estate proceedings remain transparent and accountable
- Family wealth is preserved according to the decedent’s wishes
How California Probate and Trust Can Help
If you’re serving as a trustee of a testamentary trust in California and facing questions about your legal authority or responsibilities, California Probate and Trust, PC provides the clarity and representation you need. Our experienced estate attorneys understand both trust administration and probate proceedings, offering a comprehensive approach to protecting your interests.
We help trustees:
- Understand their legal standing and rights in estate proceedings
- File petitions and navigate court procedures
- Protect trust assets during estate administration
- Fulfill fiduciary duties while avoiding personal liability
- Resolve disputes between estates and trusts
Take Control of Your Trustee Responsibilities
Don’t let uncertainty about your legal authority prevent you from protecting the trust you’ve been appointed to manage. Schedule a free consultation with California Probate and Trust, PC to discuss your specific situation and learn how we can help you navigate California estate proceedings with confidence.