Legal Duties of the California Trustee

Duty to Administer the Trust According to the Trust Instrument and the Trust Law

Probate Code § 16000

 

Duty to Administer the Trust Solely in the Interest of the Beneficiaries

Probate Code § 16002

Duty to Deal Impartially with Beneficiaries, While Taking Their Differing Interests Into Account

Probate Code § 16003

 

Duty of Loyalty to the Trust and the Beneficiaries

Probate Code § 16004

Duty to Eliminate Conflicts of Interest

Probate Code § 16005

 

Duty to Preserve Trust Property

Probate Code § 16006

Duty to Make Trust Property Productive

Probate Code § 16007

 

Duty to Keep Trust Property Separate From Other Property

Probate Code § 16009

Duty to Keep Trust Property Designated as Trust Property

Probate Code § 16009

 

Duty to Enforce Claims of the Trust

Probate Code § 16010

Duty to Defend Actions That May Result in a Loss to the Trust

Probate Code § 16011

 

Duty to Personally Perform Actions of Trustee

Probate Code § 16012(a)

Duty to Supervise Agents of Trustee

Probate Code § 16012(b)

 

Duty of Each Co-Trustee to Participate in the Administration

Probate Code § 16013

Duty to Apply the Full Extent of the Trustee’s Skills

Probate Code § 16014

 

Duty to Keep Beneficiaries Reasonably Informed of the Trust and its Administration

Probate Code § 16060

Duty to Provide the Terms of an Irrevocable Trust to a Beneficiary Upon Their Request

Probate Code § 16060.7

 

Duty to Report Administration Information Relevant to a Beneficiary Upon Their Request

Probate Code § 16061

Duty to Provide the Terms of an Irrevocable Trust Upon the Request of Any Heir of the Deceased

Probate Code § 16061.5

 

Duty to Provide Notice That a Trust Has Become Irrevocable

Probate Code § 16061.7(a)(1)

Duty to Provide Notice of Change of Trustee of an Irrevocable Trust

Probate Code § 16061.7(a)(2)

 

Duty to Warn Beneficiaries and Heirs

Probate Code § 16061.7(h)

Duty to Account to Each Beneficiary

Probate Code § 16062

 

Duty to Exercise Discretionary Powers Reasonably

Probate Code § 16080

Duty to Act in Accordance with Fiduciary Principles When Granted “Absolute”, “Sole”, or “Uncontrolled” Discretion

Probate Code § 16081(a)

 

Duty to Comply With the “Prudent Investor Rule”

Probate Code § 16046

“The Prudent Investor Rule”: A Trustee Shall Exercise Reasonable Care, Skill, and Caution When Investing and Managing Trust Assets as a Reasonably Prudent Investor Would, By Considering the Purposes, Terms, Distribution Requirements, and Other Circumstances of the Trust

Probate Code § 16047(a)

Duty to Abide by the “Trustee’s Standard of Care”

Probate Code § 16040

“The Trustee’s Standard of Care”: The Trustee Shall Administer the Trust With Reasonable Care, Skill, and Caution Under the Circumstances Then Prevailing That a Prudent Person Acting In a Like Capacity Would Use In the Conduct of an Enterprise of Like Character and With Like Aims to Accomplish the Purposes of the Trust As Determined From the Trust Instrument

Probate Code § 16040(a)

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