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Court Rules

California Rules of Court

Rule 7.650. Decree of distribution establishing testamentary trusts

Cal. Rules of Court, rule 7.650

Current text effective January 1, 2002.

#(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.

#

(Subd (a) amended effective January 1, 2002.)

#(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.

#

(Subd (b) amended effective January 1, 2002.)

#History

Rule 7.650 amended effective January 1, 2002; adopted effective January 1, 2000.

What this rule requires

Document Format Requirements

  • The pertinent provisions must be stated in the present tense and in the third person instead of quoting the will verbatim.

Document Filing Requirements

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

  • (2) Determine the terms of the trust;

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

  • 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.

Official text: courts.ca.gov , checked October 19, 2026.