As a trustee, how doI obtaina decree of distribution in order to release funds within a testamentary trust?

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As a trustee, how doI obtaina decree of distribution in order to release funds within a testamentary trust?

I am a trustee of this testamentary trust and have provided a letter of instruction, notarized by both trustees, to a bank in CA, to release these funds (a matured CD). They now want a decree of distribution. How can I do this from the state of AZ? The other trustee lives in CA.

Asked on April 20, 2011 under Estate Planning, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the other trustee lives in California could he or she not ask the court to order the distribution by making an application in both of your names as trustee?  Does the trust require that both of you sign or can you act independently but in agreement?  I would think that you could but reading the trust document will tell you for sure.  Then I would either seek legal help to do this or go and seek help from the court clerks in California.  The court system in California always seems to have many forms and self help documents for the pro se (without an attorney) litigant, although with the issue of fiduciary liability I would tend to steer clear of doing it yourself.  Good luck.


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