Most people feel honored to be named as a successor Trustee as it signifies that the grantor (trust maker) has great faith and confidence in them.  However, with that honor comes a lot of responsibility and potential liability if the Trustee does not carry out their duties properly and timely. 

Here are five tasks that a successor Trustee typically must take care of soon after the grantor dies.

1. Engage an experienced trusts and estates attorney.   One of the first steps that a successor Trustee should take is to hire an experienced trusts and estates attorney.  While serving as Trustee is an honor and can be a rewarding experience, it is also a new experience for most family members or friends who are named to this position.   There are significant responsibilities that a Trustee must carry out, some of which are time sensitive.  Engaging an experienced estates and trusts attorney will protect the successor Trustee from liability by ensuring that they are properly advised as to their duties.

2. Review the Trust.   Although it may seem obvious, one of the first things a successor Trustee should do is read the Trust, including all amendments.  Think of the Trust document as the instruction manual from the grantor.   The Trust will identify the beneficiaries, set forth the distribution instructions, direct how the assets are to be managed, and grant the Trustee the authority to act on behalf of the Trust.  One of the first tasks of the successor Trustee is to update the Trust documentation to reflect that he or she is now the Trustee and to obtain a taxpayer identification number for the trust. The estate and trust attorney will assist with these tasks.

3. Notify interested parties.  While each state will have specific requirements for notifying beneficiaries and/or interested parties, most states require that the Trustee provide notice to the Trust beneficiaries.  In Massachusetts, trust law is governed by the Massachusetts Uniform Trust Code which requires the Trustee to send written notice to the beneficiaries within 30 days of the Trustee’s appointment.  The notice must inform the beneficiaries that they are a beneficiary under the Trust and must provide the beneficiaries with the name and contact information for the Trustee.

4. Secure and inventory all Trust assets.  Once authority to act as Trustee has been established via the successor Trustee documentation, the next job of the successor Trustee is to identify the Trust assets and obtain access to those assets.  Trust assets may include bank accounts, investment accounts, real estate, and life insurance or other assets that name the Trust as the beneficiary.  The Trustee will need to contact the financial institutions to update the Trust accounts with the new taxpayer identification number and to add themselves to the accounts.   The successor Trustee should obtain date of death values for the Trust assets. This is important not only for the purpose of accounting to the Trust beneficiaries but for tax purposes.  Date of death values can be obtained from the financial institutions with respect to bank accounts and investment accounts.  For real estate, the Trustee will need to arrange for an appraisal of the property.

5. Identify time sensitive tasks.  The successor Trustee should work with the trusts and estates Attorney to create a timeline of deadline driven tasks.  These may include making sure the decedent’s required minimum distribution from his retirement account is made, filing personal income tax returns for the decedent, filing income tax returns for the trust, filing an estate tax return, if required.   In addition, there may be ongoing expenses that need to be paid such as a monthly mortgage payment or car payment.  It is important for the Trustee to understand their obligations to pay, or not to pay, debts of the decedent. There are also time frames for making distributions to the beneficiaries named in the trust. Missing these deadlines can result in penalties and interest for which the Trustee may be personally liable.

Most people feel that being named as Trustee is a great honor.  It means that the trust maker had faith and confidence that you could perform the duties and responsibilities required by the job.  Live up to those expectations by following the terms of the Trust and carrying out the trust maker’s instructions. 

Attorney Sean M. Downing is an associate attorney with the Dedham, Massachusetts law firm of Samuel, Sayward & Baler LLC, which focuses on advising its clients in the areas of trust and estate planning, estate settlement, and elder law matters. This article is not intended to provide legal advice or create or imply an attorney-client relationship. No information contained herein is a substitute for a personal consultation with an attorney. For more information visit ssbllc.com or call 781-461-1020.

December 2025

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