Notification by Trustee to Beneficiaries and Heirs (California Probate Code § 16061.7)

NOTIFICATION BY TRUSTEE

Pursuant to California Probate Code § 16061.7

I. IDENTIFICATION OF NOTICE

II. IDENTIFICATION OF SETTLOR AND TRUST

Name of Settlor(s): [________________________________]

Date of Death of Deceased Settlor (if applicable): [__/__/____]

Name of Trust: [________________________________]

Date of Original Trust Instrument: [__/__/____]

Dates of All Amendments and Restatements:

☐ There have been no amendments or restatements to the Trust.

III. TRIGGERING EVENT (§ 16061.7(a))

This Notification is served because the following event has occurred:

☐ Death of Settlor. The revocable trust (or a portion of it) has become irrevocable upon the death of [________________________________] on [__/__/____].

☐ One-Year Death-Related Contingency. By the express terms of the trust, the trust (or a portion of it) becomes irrevocable within one year of the death of a settlor due to a contingency related to the death of [________________________________], who died on [__/__/____].

☐ Change of Trustee. There has been a change of trustee of an irrevocable trust. Former trustee: [________________________________]. Successor trustee: [________________________________].

☐ Lapse / Effectiveness of Power of Appointment. A power of appointment retained by the settlor [________________________________] has [☐ become effective] [☐ lapsed] upon the settlor's death with respect to an inter vivos trust that was, or was purported to be, irrevocable upon creation. (This subsection does not apply to charitable remainder trusts as defined in IRC § 664(d).)

IV. TRUSTEE CONTACT INFORMATION (§ 16061.7(g)(2))

V. PRINCIPAL PLACE OF ADMINISTRATION (§ 16061.7(g)(3); § 17002)

The principal place of administration of the Trust is located at:

Street Address: [________________________________]

City: [____________________] County: [____________________] State: California ZIP: [__________]

VI. RIGHT TO REQUEST TRUST TERMS (§ 16061.7(g)(5); § 16061.5)

You are entitled, upon reasonable request to the Trustee, to receive from the Trustee a true and complete copy of the terms of the Trust.

To request a copy of the terms of the Trust, contact the Trustee at the address and telephone number listed in Section IV above. Pursuant to California Probate Code § 16061.5, the Trustee has an independent duty to provide a true and complete copy of the trust terms on reasonable request.

VII. STATUTORY WARNING — 120-DAY LIMITATION ON CONTEST ACTIONS

You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you or 60 days from the date on which a copy of the terms of the trust is delivered to you during that 120-day period, whichever is later.

VIII. ADDITIONAL INFORMATION REQUIRED BY THE TRUST INSTRUMENT (§ 16061.7(g)(4))

☐ The trust instrument does not expressly require any additional information in this notification.

☐ The following additional information is required by the trust instrument:

[____________________________________________________________]

[____________________________________________________________]

IX. RECIPIENTS (§ 16061.7(b))

This Notification is being served on the following persons and entities:

A. Beneficiaries of the Irrevocable Trust (subject to § 15804)

B. Heirs of the Deceased Settlor (if death-triggered)

C. California Attorney General (Charitable Trusts Only)

☐ Not applicable — Trust is not a charitable trust subject to AG supervision.

☐ Applicable — A copy of this Notification has been served on the Office of the California Attorney General, Charitable Trusts Section, 1300 I Street, P.O. Box 944255, Sacramento, CA 94244-2550.

X. METHOD AND DATE OF SERVICE (§ 16061.7(e); § 1215)

Service was made by one or more of the following methods, to the last known address of each recipient:

☐ First-class mail, postage prepaid

☐ Certified mail, return receipt requested

☐ Personal delivery

☐ Any other method reasonably calculated to give actual notice as permitted by Probate Code § 1215

Date Notification Was Placed in the Mail or Personally Delivered: [__/__/____]

XI. TRUSTEE EXECUTION

I, the undersigned Trustee, certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that I have served this Notification on the persons identified in Section IX by the methods identified in Section X, in compliance with California Probate Code § 16061.7.

Executed on [__/__/____] at [____________________], California.

Trustee Signature: [________________________________]

Print Name: [________________________________]

Capacity: [________________________________]

XII. PROOF OF SERVICE

I, the undersigned, declare that I am over the age of 18 years and not a party to the within action. My business or residence address is set forth above. On the date stated above, I served the foregoing NOTIFICATION BY TRUSTEE on each of the persons identified in Section IX by placing a true copy thereof in a sealed envelope, addressed to each such person at the address set forth in Section IX, with postage thereon fully prepaid, and depositing the envelope in the United States Mail at the place stated above, OR by personal delivery as indicated.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____] at [____________________], California.

Signature: [________________________________]

Print Name: [________________________________]

SOURCES AND REFERENCES

• California Probate Code § 16061.5 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16061.5.
• California Probate Code § 16061.7 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16061.7.
• California Probate Code § 16061.8 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16061.8.
• California Probate Code § 16061.9 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=16061.9.
• California Probate Code § 1215 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1215.
• California Probate Code § 17002 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=17002.
• California Probate Code § 15804 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=15804.