Distribution of trust after executor passes

UPDATED: Oct 1, 2022

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Distribution of trust after executor passes

My grandfather passed away at the beginning of this year and left behind a Trust naming myself and 3 others as beneficiaries. Long story short, many of the other beneficiaries were of relative age and have passed away. During the process of settling his assets and estate two more passed, including the executor of the Trust. I am the last living beneficiary, I have yet to receive a copy of the Trust although I am told a copy is being made and will be set to me shortly, and I am unsure of my rights and next step. Is it within my means to petition for a new executor of the Trust? The only real thing left was distribution the home was sold and his debuts had been paid.

Asked on September 11, 2018 under Estate Planning, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since the Trust did not designate a successor to the executor, you will need to petition the court to appoint another executor.  That executor will carry out the duties such as distribution.  The executor of the trust is a trustee and the successor appointed by the court will be a trustee. Therefore, your petition to the court should request the appointment of a trustee.

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