What Is a Trustee and Who Should I Choose as My Trustee?
Choosing the right trustee is one of the most important decisions you’ll make in the estate planning process. Many Californians creating a Revocable Living Trust ask the same question: “Who should I choose as my trustee?”
While every family’s situation is unique—and you should always consult with your estate planning attorney for specific guidance—this article outlines key considerations to help you make an informed and confident choice.
What a Trustee Does in a California Living Trust
When you create a Revocable Living Trust in California, you (and often your spouse) typically serve as your own initial trustees. This means you retain full control of your assets during your lifetime.
When you can no longer act—due to incapacity or after your passing—a successor trustee takes over. This person is responsible for carrying out the terms of your trust and ensuring your wishes are followed precisely.
The trustee’s duties include:
Identifying and gathering trust assets
Managing and investing those assets prudently
Paying expenses and debts
Distributing assets to beneficiaries according to your instructions
Keeping clear records and providing accountings
Every trustee is held to what’s called a fiduciary duty, meaning they must always act in the best interests of the beneficiaries—honestly, prudently, and without favoritism.
Qualities to Look for in a Trustee
Selecting a trustee starts with common sense: choose someone trustworthy, responsible, and organized. It’s a major responsibility, and even well-intentioned trustees can find the process challenging if they lack the right temperament or experience.
A trustee with experience in fields like finance, investing, accounting, or law may have a natural advantage. Still, a trustee doesn’t have to be an expert in everything—they can and should rely on professionals such as attorneys, accountants, and financial advisors for guidance.
When evaluating potential trustees, consider:
Financial skill and organization – Are they comfortable managing money or reviewing statements?
Time and availability – Do they have the bandwidth to handle ongoing administrative tasks?
Health and longevity – Will they likely be able to serve for the duration of the trust?
Fairness and impartiality – Can they treat all beneficiaries equally without conflict or bias?
When to Consider a Professional Trustee
In some cases, appointing a professional trustee—such as a bank, trust company, or licensed fiduciary—can provide invaluable peace of mind. Professional trustees bring experience, neutrality, and procedural consistency, which can help prevent conflicts and ensure proper administration.
Professional trustees charge annual fees (typically a percentage of trust assets), but this cost can be well worth it for:
Trusts with significant or complex assets
Trusts designed to last many years or generations
Situations involving potential disputes or sensitive family dynamics
The Role of a Trust Protector
A lesser-known but powerful safeguard in modern estate planning is the Trust Protector. This individual (or entity) can be authorized to oversee the trustee, make limited administrative changes, and even remove or replace the trustee if necessary.
A good Trust Protector is independent, knowledgeable, and exercises sound judgment. Some attorneys, banks, and trust companies offer professional trust protector services—a valuable tool for maintaining flexibility and accountability in your estate plan.
Conclusion
Choosing a trustee is both a practical and deeply personal decision. The right trustee will carry out your intentions with integrity and skill, helping ensure your assets are protected and your loved ones are supported.
Whether you select a trusted individual or a professional fiduciary, taking the time to plan carefully—and building in oversight mechanisms like a Trust Protector—can make all the difference in preserving your legacy.