Cal. R. 7.650

As amended through May 17, 2024

Rule 7.650 - Decree of distribution establishing testamentary trusts

(a) Determining the trust

Upon distribution, the court must:

(1) Determine whether or not a valid trust has been created by the will;

(2) Determine the terms of the trust; and

(3) Order distribution of the trust property to the trustee.

(b) Terms of the trust

The order for distribution must incorporate the terms of the trust so as to give effect to the conditions existing at the time distribution is ordered. The pertinent provisions must be stated in the present tense and in the third person instead of quoting the will verbatim.

Cal. R. Ct. 7.650

Rule 7.650 amended effective 9/1/2023; amended effective 1/1/2002; adopted effective 1/1/2000.