Cal. Codes » Probate Code / DIVISION 9. TRUST LAW / PART 4. TRUST ADMINISTRATION / CHAPTER 1. Duties of Trustees / ARTICLE 1. Trustee’s Duties in General
California Codes

Cal. Probate Code § 16002 (2026)

Trustee’s Duties in General

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(a)The trustee has a duty to administer the trust solely in the interest of the beneficiaries.

(b)It is not a violation of the duty provided in subdivision (a) for a trustee who administers two trusts to sell, exchange, or participate in the sale or exchange of trust property between the trusts, if both of the following requirements are met:

(1)The sale or exchange is fair and reasonable with respect to the beneficiaries of both trusts.

(2)The trustee gives to the beneficiaries of both trusts notice of all material facts related to the sale or exchange that the trustee knows or should know.

Notes of Decisions
Cited in 28 cases (8 in the last 5 years), 1987–2025 · leading case: Van De Kamp v. Bank of Am., 204 Cal. App. 3d 819 (Cal. Ct. App. 1988).
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Van De Kamp v. Bank of Am., 204 Cal. App. 3d 819 (Cal. Ct. App. 1988). · cites it 2× “) It also is contrary to the trustee’s duty not to use trust property for its own benefit (Prob. Code, § 16002), inasmuch as the bank benefits when trust monies are deposited in its commercial side (Levmore, Bank Trust Departments and “Float” Revenue: Finding the Proper…”
Orange Catholic Found. v. Arvizu, 28 Cal. App. 5th 283 (Cal. Ct. App. 2018). “See Probate Code §§ 16002, 16004, 16006, 16007.”
O'Neal v. Stanislaus Cnty. Employees' Ret. Assn., 8 Cal. App. 5th 1184 (Cal. Ct. App. 2017). “” (Accord, Prob. Code, § 16002, subd. (a) [“The trustee has a duty to administer the trust solely in the interest of the beneficiaries.”
Donahue v. Donahue, 182 Cal. App. 4th 259 (Cal. Ct. App. 2010). “” (Prob. Code, § 16002, subd. (a); see Schwartz v.”
Jpmorgan Chase Bank, N.A. v. Ward, 33 Cal. App. 5th 678 (Cal. Ct. App. 2019). “As *686 we explain, a four-year statute of limitations applies to Chase's reformulated action and accrues from the date Walter refused to execute a replacement deed.”
Hearst v. Ganzi, 145 Cal. App. 4th 1195 (Cal. Ct. App. 2006). “) The fiduciary duty of a trustee includes “the duty of loyalty (Prob. Code, § 16002); the duty to deal impartially with the beneficiaries (Prob.”
Pierce v. Lyman, 1 Cal. App. 4th 1093 (Cal. Ct. App. 1991). “) Those duties include the duty of loyalty (Prob. Code, § 16002); the duty to deal impartially with the beneficiaries (Prob.”
Harnedy v. Whitty, 110 Cal. App. 4th 1333 (Cal. Ct. App. 2003). “] Those duties include the duty of loyalty (Prob. Code, § 16002); the duty to deal impartially with the beneficiaries (Prob.”
Ziegler v. Nickel, 64 Cal. App. 4th 545 (Cal. Ct. App. 1998). “A nonattomey trustee who represents the trust in court is representing and affecting the interests of the beneficiary and is thus engaged in the unauthorized practice of law.”
Poag v. Winston, 195 Cal. App. 3d 1161 (Cal. Ct. App. 1987). “(Prob. Code, § 16002.) He is liable for any breach of duty.”
Conway v. San Diego City Employees' Ret. Sys., No. D079355 (Cal. Ct. App. Nov. 28, 2022). · cites it 5× “They base their claim on three predicates that they say required SDCERS to perform this duty: (1) Probate Code section 16002; (2) article XVI, section 17 of the California Constitution; and (3) Civil Code sections 1709 and 1710.”
DeJohn v. Wheeler, No. A137825M (Cal. Ct. App. Mar. 4, 2016). · cites it 3× “(Prob. Code, § 16002 [trustees are to “administer the trust solely in the interest of the beneficiaries”].”
Show all 28 citing cases →
Cal. Probate Code § 16002(a): 1 case
In re Florence Tomasi & William S. Tomasi, No. CC-12-1401-KiTaD (B.A.P. 9th Cir. Aug. 15, 2013).
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