Watch: How to Choose a Trustee for Your California Trust
In this short video, our Carlsbad estate planning attorneys explain how to choose a trustee in California to help ensure your wishes are carried out smoothly and your loved ones are protected. For a deeper look at what trustees are responsible for, read our full guide: What Is a Trustee? 6 Powerful Duties That Shield Families.
Video Transcript: How to Choose a Trustee for Your California Living Trust
Below is the full transcript of this video. This is a general educational overview of trustee selection, not legal advice for your specific situation. For comprehensive information about California trusts, visit our Ultimate Guide to California Trusts.
What Is a Trustee?
Welcome. Today we will be discussing the role of the trustee in your living trust and giving you some guidelines to help you choose the best trustee. Let’s begin by explaining what a trustee is.
A trustee is usually a person, but sometimes a bank or other corporate entity, that holds legal responsibility for managing assets or property on behalf of another person or group of people, known as the beneficiaries. Trustees are appointed by the creator of a trust.
The Trustee’s Fiduciary Duty
The trustee has a fiduciary duty to act in the best interests of the beneficiaries and to manage the assets or property in accordance with the terms of the trust. This includes investing the assets, distributing income and principal to the beneficiaries, and making decisions about trust assets as necessary. Trustees are legally bound to act in an ethical and responsible manner and are accountable to the beneficiaries and the courts.
Individual vs. Professional Trustees
Trustees may be individuals, such as family members or trusted advisors, or they may be professional entities, such as banks or trust companies. The choice of trustee depends on the complexity of the trust and the preferences of the trust creator.
The Initial Trustee When You Set Up a Living Trust
In most instances, when you set up a living trust, you are the initial trustee. If you are setting up a joint trust with your spouse, then in most instances, each of you will be co-trustees. After the death or incapacity of the first spouse, the other spouse will be the sole trustee.
If an initial trustee is unable to act, or declines to act, as trustee, then a successor trustee will take over. Choosing a successor trustee for a living trust is an important decision that requires careful consideration.
7 Factors to Consider When Choosing a Successor Trustee
1. Complexity of the Trust
If your living trust is simple, you may be able to appoint a family member or friend as the successor trustee. However, if your trust is more complex, it may be a good idea to appoint a professional trustee, a bank, or a trust company.
2. Age and Health
If appointing an individual as trustee, you should consider the age and health of that person. You want to choose someone who is likely to outlive you and be able to fulfill their duties.
3. Willingness to Serve and Availability
If appointing an individual as trustee, it is important to choose someone who is willing to serve as your successor trustee. Being a trustee can be time-consuming and stressful, and not everyone is up to the task.
4. Trustee’s Qualifications
When choosing a trustee, you should consider their financial expertise, experience managing assets, and ability to make decisions that are in the best interest of the beneficiaries. If you are considering a professional trustee or corporate trustee such as a bank, research their track record and reputation to ensure they are trustworthy and reliable, and make sure you understand the fees they will be charging.
5. Conflicts of Interest
It is important to choose a successor trustee who has no conflicts of interest with the beneficiaries or the trust. For example, if a family member is a beneficiary, there may be benefits to appointing a non-family member as trustee to avoid potential conflicts of interest.
6. Communicate Your Wishes
Make sure you communicate your wishes clearly to the successor trustee you choose. Discuss your expectations, goals, and wishes. This will help ensure that the trustee understands their responsibilities and is able to manage the trust accordingly.
7. Backup Plan
Consider naming a backup successor trustee in case your first choice is unable or unwilling to serve.
Next Steps: Discuss During Your Drafting Meeting
We hope these tips have helped you narrow down who you would like to be your successor trustee. If you are still unsure, please write down the names of those that are candidates to be a trustee, and we can discuss it during our drafting meeting.
For a comprehensive overview of all California trust types and how they fit into your estate plan, visit our Ultimate Guide to California Trusts. Thank you, and we hope this video sheds some light on things to consider when choosing a trustee.
Key Takeaways
- What a trustee actually does
- Who should you pick — family, professional or hybrid?
- Questions you should ask your prospective trustee
- How to choose a trustee for your Caliornia Revocable Living Trust
Prefer to Read?
Read our full article on Choosing a Trustee in California
Why these takeaways matter to Californians:
In California — and particularly in San Diego County where families often combine significant assets, real estate and multigenerational planning — your choice of trustee can mean the difference between a smooth transition and a costly, drawn-out dispute. By preparing ahead, you give your family confidence, protect your legacy and reduce stress.
Choosing the right trustee is one of the most important decisions you’ll make when creating a revocable living trust. Your trustee will be responsible for managing your assets, distributing them to your beneficiaries, and carrying out your wishes after you pass away or become incapacitated.
This short video from Opelon LLP breaks down what a trustee does and walks through seven practical tips for selecting the right person or entity. Below, we’ve summarized the key takeaways along with additional guidance for California families.
What Is a Trustee?
A trustee is a person, bank, or corporate entity that holds legal responsibility for managing trust assets on behalf of the beneficiaries. The trustee is appointed by the trust creator (also called the grantor or settlor) and is legally bound by a fiduciary duty to act in the best interests of the beneficiaries.
A trustee’s responsibilities include:
- Investing and managing trust assets prudently
- Distributing income and principal to beneficiaries according to the trust terms
- Making decisions about trust property as necessary
- Keeping accurate records and providing accounting to beneficiaries
- Filing any required tax returns for the trust
In most California revocable living trusts, you serve as the initial trustee during your lifetime. If you’re creating a joint trust with your spouse, both of you typically serve as co-trustees, and the surviving spouse becomes sole trustee after the first spouse passes or becomes incapacitated.
The critical question is: who takes over after that? That’s your successor trustee.
7 Tips for Choosing a Successor Trustee
1. Consider the Complexity of Your Trust
If your trust is straightforward, for example, a single property and a few financial accounts, a responsible family member or trusted friend may be a good fit. However, if your trust involves business interests, multiple properties, digital assets, or complex tax planning, a professional trustee or trust company may be the better choice.
2. Evaluate Age and Health
Choose someone who is likely to outlive you and remain capable of fulfilling their duties for the duration of the trust administration process. A trustee who is your same age or older may not be the most practical choice.
3. Confirm Willingness and Availability
Serving as a trustee is time-consuming and can be stressful. Before naming someone, have a direct conversation about whether they are willing and available to take on the role. Not everyone is up to the task, and an unwilling trustee can create delays and conflict for your beneficiaries.
4. Assess Qualifications
Consider your candidate’s financial literacy, experience managing assets, and ability to make decisions in the beneficiaries’ best interest. If you’re considering a professional or corporate trustee such as a bank, research their track record, reputation, and fee structure before making a commitment.
5. Watch for Conflicts of Interest
If a family member is both a beneficiary and the trustee, potential conflicts can arise. For example, a trustee-beneficiary may be tempted to make distribution decisions that favor themselves over other beneficiaries. In these situations, appointing a neutral third party — or using a professional trustee — can prevent disputes.
6. Communicate Your Wishes Clearly
Don’t just name a trustee in your trust document and hope for the best. Sit down with your chosen successor trustee and discuss your expectations, goals, and specific wishes. This includes how you want assets distributed, your preferences for healthcare decisions, and how to handle any unique family dynamics. A trustee who understands your intent can carry out your plan more effectively.
7. Name a Backup
Always name at least one backup successor trustee in case your first choice is unable or unwilling to serve when the time comes. Without a backup, your beneficiaries may need to petition the court to appoint a trustee — adding cost, delay, and uncertainty to the process.
Individual Trustee vs. Professional Trustee
| Factor | Individual Trustee | Professional Trustee |
|---|---|---|
| Cost | Usually free or minimal compensation | Annual fee (typically 0.5%-1.5% of trust assets) |
| Personal knowledge | Knows the family and dynamics | No personal relationship with beneficiaries |
| Expertise | Varies widely | Financial and legal expertise built in |
| Availability | May have competing obligations | Dedicated to trust management |
| Conflicts of interest | Possible if also a beneficiary | Neutral third party |
| Continuity | May predecease or become incapacitated | Institutional continuity |
For many California families, a combination works well — naming a trusted family member as trustee with a professional advisor or trust attorney available to guide them through the administration process.
Frequently Asked Questions About Choosing a Trustee
Yes. In most California revocable living trusts, the grantor serves as the initial trustee and retains full control of the trust assets during their lifetime.
Yes. You can name two or more people to serve as co-trustees. This can provide checks and balances, but may also create disagreements. Make sure your trust document specifies how disputes between co-trustees are resolved.
Yes. As long as you have legal capacity, you can amend your revocable living trust to change your successor trustee at any time.
Absolutely. Your successor trustee should know they’ve been named, understand the role, and know where your estate planning documents are stored.
California law allows trustees to receive “reasonable compensation.” For family member trustees, this is often waived. Professional trustees charge fees that should be disclosed upfront.
Get Help Choosing the Right Trustee
If you’re unsure who to name as your successor trustee, write down the names of potential candidates and bring them to your consultation. At Opelon LLP, we walk every client through the trustee selection process during our drafting meetings to make sure your choice aligns with your family’s needs and the complexity of your estate.
Schedule a Free Consultation → | Call (760) 278-1116
This article provides general information about California estate planning and is not legal advice. Laws change, and every person’s situation is different. Consult with a qualified California estate planning attorney about your specific circumstances.
Author: Matt Odgers, Esq.
Founding Partner, Opelon LLP
J.D., Thomas Jefferson School of Law | B.A. Political Science, Purdue University
California State Bar #290722 | Best Lawyers: Ones to Watch 2026
Last Updated: April 2026
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Have Questions About Choosing a Trustee?
Our Carlsbad estate planning attorneys can help you navigate the trustee selection process — from defining your goals and evaluating candidates to drafting the trust documents and providing ongoing support.