Create your affidavit of death of trustee

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We offer these form wizards as a guide for the many patrons who request help filling out forms. Only you can decide which form is appropriate and what information to include. These forms are for use only in simple situations. If you cannot easily answer any of the questions, do not use the wizard. Instead, call a lawyer or read about your options at the Law Library.

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I have read the disclaimer and agree to use this tool at my own risk.(Required)

Yes

No

Is this form appropriate for you?

This form is set up for a trustee who is listed by name as "successor trustee" in trust documents.

In some cases, the people named in the trust documents are not available, and another person must step in. This may be because all the named successor trustees have died, resigned, or been removed by a court.

If this is true for you, you will need to attach additional explanation why you are entitled to become trustee. Please talk to a lawyer to make sure your Affidavit is legally sufficient.

Is the new trustee named as a successor trustee in the trust documents?(Required)

Yes

No

This form will not work for you

This form will not work for you. Please consult a lawyer. This is the end of the form.

Before You Begin

You need the following documents:

Copy of the most current deed
- If you do not have a copy of the current deed, you should obtain one from the County Recorder’s office before you fill out this form.
Copy of the Trust documents
Certified copy of Death Certificate
- You must attach this to the Affidavit before recording. You should have one from the funeral director, or you can purchase one from the Recorder's Office where the former trustee died.

Contact Information

Declarant's Name(Required)

This is the name of the person signing this affidavit, also called the "declarant."

Email(Required)

The completed deed will be emailed to you at this address.

Enter Email Confirm Email

Hidden

Date

Who will be recording this affidavit?(Required)

Enter the name of the person who will mail or deliver the affidavit to the Recorder's Office.

Who should receive tax statements from now on?(Required)

What street address should tax statements be mailed to?(Required)

Fill in the city, state, and zip code to mail tax statements to.(Required)

About the trust

These questions are asking specifically about the Trust Documents. Ignore the Deed for now.

Full name of trust(Required)

For instance, this may be something like "Harold and Maude Oddcouple Family Trust, dated January 1, 1978" or "Robinson Revocable Trust, dated July 4, 1972."

Names of the people who signed the trust documents(Required)

This is usually the person or couple who created the trust. Their signatures will be somewhere in the main Trust documents, usually as "settlors" or "trustors."

Date trust documents were signed(Required)

This question is asking for the date the Trust was created by the trustors signing the above document.

About the deed moving the real estate into the trust

This is asking about the deed which the owners used to transfer the real estate from the prior owner (usually themselves) into the ownership of the Trustees on behalf of the Trust.

Grantor(s) of deed moving the property into the Trust(Required)

Name or names of the people who signed the deed putting the property into the Trust, as spelled on that deed. This is probably the creators (settlors) of the Trust, but it could be the people they bought or inherited the real estate from, if they transferred it straight into the trust when it was purchased.

Grantees on deed moving the property into the Trust(Required)

Names of the people who are listed as Trustees on the deed putting the property into the Trust, as spelled on that deed. List every Trustee's name, including any who have died or resigned.

Date the grantors signed the deed(Required)

This is the date when the prior owner or owners signed. It is the date next to their signatures.

Recordation date of the deed moving the property into the trust(Required)

This is the date when the deed was recorded (filed). It will be included in the stamped information on the top right hand corner of the deed.

Does the deed show an "Instrument number" or "Book/ Reel and Page/Image" number?(Required)

Some counties use "Instrument Numbers" while others use "Book/Reel" and "Page/Image" numbers. Sacramento has used both systems at different times in the past.

You can find this in the stamp on the top right of the first page. If you see "Book/Reel" and "Page/Image," choose that option. If you see "Instrument number," "Doc No.," or if there are just numbers with no text, choose "Instrument number."

Book/Reel and Page/Image number

Instrument number

Example of Instrument Number and Book/Reel Number

Instrument Number(Required)

Book/Reel number(Required)

Page/Image number(Required)

Trustee information

About the deceased trustee

This section identifies the deceased trustee and proves that they have died. Get this information from the current Deed and the Death Certificate.

Name of deceased trustee as spelled on the death certificate(Required)

Spell the name exactly as spelled on Certificate of Death

Name of the deceased trustee as spelled in the trust documents.(Required)

Spell the name exactly as spelled in the trust documents.

About the new trustee

The new trustee is usually named as "successor trustee" in the Trust documents. If this is not true, you may need a customized Affidavit explaining how the new Trustee was selected, and referencing a court order if applicable, and this form is not correct for you.

Name of new trustee(Required)

Enter the name as spelled in the Trust documents.

About the real estate

Information about the real estate itself.

Assessor's Parcel Number (APN)

This should be on the deed moving the property into the Trust. You can also get it from the county Assessor's office.

Street address of the real estate(Required)

What city is the real estate in?(Required)

If your real estate is not in any city, enter "unincorporated land."

What county is the real estate in?(Required)

Legal description - type or attach as exhibit?(Required)

You can either type out the Legal Description here, or attach a photocopy after you print this document out. Indicate whether you will be typing the Legal Description here, or attaching a copy.

Attach exhibit

Type into affidavit

How to label exhibit(Required)

Most people use either "Exhibit A" or "Exhibit 1" to label their legal description attachment. Legally it makes no difference whether you use numbers or letters.

A

1

Other

Enter the legal description of the property(Required)

This should be typed exactly as shown on the current deed.

Building fee exemptions

State law adds a $75 fee to this type of document. The fee raises money for affordable housing programs. There are a few exemptions from this fee. In many cases, no exemption will apply to your transaction, but if one does, select it here.

Choose one if applicable.(Required)

Not all transactions will qualify for an exemption.

Recorded concurrently "in connection with" transfer subject to Documentary Transfer Tax.

Recorded concurrently "in connection with" a transfer of residential dwelling to an owner-occupier.

Fee cap of $225.00 reached.

Not related to real property.

Not exempt.

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