Disclaimer: This glossary provides general information about terms used in California probate for informational purposes only. It is not legal advice and should not substitute consultation with a qualified California probate attorney regarding your specific situation. Laws and procedures can change.
Current as of April 27, 2025.
The ending of a trust relationship, resulting in the final distribution of remaining trust assets to beneficiaries. Under California law, a trust may terminate according to its own terms (e.g., upon a specific date, event, or fulfillment of its purpose), through revocation by the settlor (if revocable), or by consent of the settlor and/or beneficiaries under specific conditions. Additionally, the Probate Court can order termination if the trust’s purpose becomes illegal or impossible, the principal value is uneconomically low, or unforeseen changed circumstances defeat or substantially impair the trust’s purpose. Upon termination, the trustee winds up trust affairs and distributes the assets.
A trust that is created within the terms of a person’s will. It does not come into existence until after the testator dies and the will goes through probate. Assets are distributed from the probate estate to the trustee named in the will to be managed according to the trust provisions established in the will (e.g., holding assets for minor children until they reach a certain age). Subject to ongoing court supervision unless the will specifies otherwise. (See also: Trust, Revocable Trust)
A fiduciary arrangement where one party (the trustee) holds legal title to assets transferred by another party (the settlor or grantor) for the benefit of designated third parties (the beneficiaries). The trustee has a duty to manage the trust assets according to the terms of the trust instrument and applicable law, acting solely in the beneficiaries’ best interests. Trusts can be created during life (inter vivos or living) or at death through a will (testamentary), and can be revocable or irrevocable. (See also: Revocable Trust, Testamentary Trust, Trustee, Beneficiary, Settlor)
A person or entity appointed by the California Probate Court to act as trustee specifically for the purpose of representing the trust in a particular lawsuit or legal proceeding (“ad litem” means “for the suit”). A Trustee Ad Litem is typically appointed when the acting trustee has a conflict of interest related to the specific litigation (e.g., the lawsuit involves a claim between the trustee personally and the trust) or is otherwise unable to adequately represent the trust’s interests in that specific legal matter. Their authority is generally limited to managing the specific litigation on behalf of the trust as outlined in the court order. Unlike a Guardian Ad Litem (who represents the interests of a beneficiary), the Trustee Ad Litem steps into the trustee’s shoes solely for the litigation aspect.
Legal challenges shouldn’t be faced alone. Whether you need guidance on estate planning, litigation, or business law, our expert team is here to help.