When they die

Trust Administration: The Private Track

How the successor trustee takes over, Certification of Trust, estate/trust EIN, statutory notices to heirs, and private distribution.

Do this first

Locate the original signed Revocable Living Trust agreement and Schedule A. Read Article III to confirm who is legally named as the first Successor Trustee.

Settling a trust without court oversight

A living trust avoids probate court entirely. However, the successor trustee must follow the rules for a fiduciary:

  1. Acceptance of Trusteeship: The successor trustee signs an Acceptance of Office.
  2. Obtain Trust EIN: The trust was revocable and used the Social Security number of the person who made it. Upon death, the trust becomes irrevocable and must obtain its own taxpayer ID (EIN) from the IRS.
  3. Certification of Trust: Present this one-page summary to banks to retitle accounts into your name as Successor Trustee.
  4. Notice to beneficiaries: Many states require the trustee to tell beneficiaries and heirs about the trust within a set time. Check your state's rule.
  5. Pay Debts and Taxes: The trustee pays valid debts using trust funds before distributing cash to beneficiaries.

Sources

  • Uniform Trust Code
  • National Academy of Elder Law Attorneys

Last reviewed: September 28, 2026