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Guide to Writing California Affidavit of Death of a Trustee

Completing the California Affidavit of Death of a Trustee form is an essential step in managing the affairs of a trust after a trustee has passed away. This form helps ensure that the trust can continue to operate smoothly and that the beneficiaries are informed of the changes. Follow these steps carefully to fill out the form accurately.

  1. Obtain the form: You can find the California Affidavit of Death of a Trustee form online or at your local courthouse.
  2. Fill in your information: At the top of the form, enter your name, address, and contact information. This identifies you as the person completing the affidavit.
  3. Provide trustee details: Write the name of the deceased trustee and their date of death. This information is crucial for legal clarity.
  4. Trust information: Include the name of the trust and the date it was created. This helps to identify the specific trust in question.
  5. Sign the affidavit: You must sign the form in the designated area. Ensure your signature matches the name you provided earlier.
  6. Notarization: Take the completed form to a notary public. They will need to witness your signature and notarize the document, adding an extra layer of authenticity.
  7. File the affidavit: Submit the notarized affidavit to the appropriate court or agency, depending on where the trust is administered. Keep a copy for your records.

After completing the form, it is important to file it promptly to avoid any delays in the administration of the trust. Properly handling this paperwork ensures that the trust can continue to serve its intended purpose without interruption.

Document Breakdown

Fact Name Description
Purpose The California Affidavit of Death of a Trustee form is used to officially document the death of a trustee in a trust.
Governing Law This form is governed by California Probate Code Sections 15660-15666.
Who Can Use It Any successor trustee or beneficiary can use this form to notify interested parties of the trustee's death.
Filing Requirements The form must be filed with the county recorder's office where the trust property is located.
Signature Requirement The affidavit must be signed by the successor trustee or another authorized individual.
Information Included The form includes details such as the deceased trustee's name, date of death, and trust information.
Effect of Filing Filing the affidavit provides legal notice of the trustee's death to all interested parties.
Importance for Trust Administration This document is crucial for the proper administration and transition of trust responsibilities.
Potential Consequences Failure to file this affidavit may delay the administration of the trust and create legal complications.
Availability The form can be obtained from various legal websites or local county recorder offices.

FAQ

What is the California Affidavit of Death of a Trustee form?

The California Affidavit of Death of a Trustee is a legal document used to formally declare the death of a trustee in a trust. This affidavit serves as proof of the trustee's passing and facilitates the transfer of responsibilities and assets to the successor trustee, ensuring that the trust can continue to operate smoothly in accordance with its terms.

Who should file the Affidavit of Death of a Trustee?

The affidavit should be filed by the successor trustee or any interested party who has the authority to manage the trust after the original trustee’s death. This may include beneficiaries of the trust or other individuals designated in the trust document. It is essential that the person filing the affidavit has the necessary standing to act on behalf of the trust.

What information is required to complete the form?

To complete the California Affidavit of Death of a Trustee, the following information is typically required:

  1. The name and address of the deceased trustee.
  2. The date of death.
  3. The name and address of the successor trustee.
  4. A statement confirming the trust's existence and the authority of the successor trustee.
  5. Any relevant details about the trust, such as its title or date of establishment.

Is there a specific format for the affidavit?

Yes, the affidavit must be completed in a specific format as prescribed by California law. It should include a declaration, signature lines for the successor trustee, and a notary acknowledgment. Ensuring that the document adheres to the required format is crucial for it to be accepted by financial institutions and courts.

Do I need to have the affidavit notarized?

Yes, the California Affidavit of Death of a Trustee must be notarized. This step adds a layer of authenticity to the document, confirming that the signature of the successor trustee is valid and that they have sworn to the truthfulness of the statements made within the affidavit. Notarization is a common requirement for legal documents in California.

Where should I file the Affidavit of Death of a Trustee?

The affidavit should be filed with the county recorder's office in the county where the trust property is located. If the trust holds real estate, it may also be necessary to file the affidavit with the local property tax assessor's office. Proper filing ensures that the successor trustee's authority is recognized and recorded in public records.

What happens after the affidavit is filed?

Once the California Affidavit of Death of a Trustee is filed, the successor trustee can begin to manage the trust's assets and fulfill their duties. This may include distributing assets to beneficiaries, paying debts, and handling any other responsibilities outlined in the trust document. The filing of the affidavit helps to clarify the chain of authority and can prevent potential disputes among beneficiaries.

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California Affidavit of Death of a Trustee Example

RECORDING REQUESTED BY:

______________________________________

WHEN RECORDED MAIL TO:

Name:________________________________

Address:_______________________________

City:__________________________________

State, Zip:_____________________________

Above Space for Recorder’s Use Only

AFFIDAVIT OF DEATH OF TRUSTEE

Assessor’s Parcel Number: ____________________________

State of California

County of __________________________________________ } ss

______________________________________________________, of legal age, being first duly sworn, deposes and says:

1.______________________________________________, the decedent mentioned in the attached certificate copy of Certificate of Death, is the same person as Trustee in that certain Declaration of Trust dated _______________________, executed by _________________________________________________________________________ as trustor(s).

2.At the time of the decedent’s death, decedent was the owner, as Trustee, of certain real property acquired by a deed recorded on ____________________________, as instrument No. ____________________ in Official Records of

__________________________ County, California, covering the following described property situated in the said County,

State of California:

3.I am the surviving successor Trustee of the same trust under which said decedent held title as trustee pursuant to the deed described above, and am designated and empowered pursuant to the terms of said trust to service as trustee thereof.

___________________

_________________________________

_________________________________________

Date

Print Name

Signature

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not to the truthfulness, accuracy, or validity of that document.

State of California

County of ___________________________________

Subscribed and sworn to (or affirmed) before me on this _____day of _____, 20___, by__________________________,

proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

(Official SEAL)

__________________________________________

Notary Signature

ADT (01/01/2015)