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Notice to beneficiaries and heirs: If the trust becomes irrevocable when the settlor dies, the trustee has 60 days after becoming trustee or 60 days after the settlor's death, whichever happens later, to give written notice to all beneficiaries of the trust and to each heir of the decedent.

Under the California probate code, trustees may utilize a procedure to protect themselves before taking an action or withholding from taking an action during the course of a trust administration. The procedure is known as a Notice of Proposed Action or Inaction.

The notice of proposed action shall be mailed or personally delivered to each person required to be given notice of proposed action not less than 15 days before the date specified in the notice of proposed action on or after which the proposed action is to be taken.

The estate will be frozen and inaccessible to the beneficiaries: This consequence is inevitable, as property and assets cannot be transferred without going through probate first. This is because the court needs to ensure that all debts and taxes are paid off before the estate can be distributed.

Unfortunately, California does not have an objection form that you can simply fill out. Remember, if you want to object to a Petition for Probate, you need to present an alternative solution to the court. This alternative solution is a counter probate petition.

A: A Notice of Proposed Action essentially requires a beneficiary to “speak now or forever hold their peace.” California Probate Code sections 16500-16504 permit a trustee to give notice to the beneficiaries of a trust that the trustee intends to take (or not to take) some kind of specified action.

A: A Notice of Proposed Action essentially requires a beneficiary to “speak now or forever hold their peace.” California Probate Code sections 16500-16504 permit a trustee to give notice to the beneficiaries of a trust that the trustee intends to take (or not to take) some kind of specified action.

The California Independent Administration of Estates Act (IAEA) is a piece of legislation under the California Probate Code. The IAEA grants a personal representative (PR) or executor the authority to administer most matters regarding the estate without court supervision.