California Affidavit of Death of a Trustee Form

Many people come across a situation where they need to complete a Trustee’s Death Affidavit. The forms of this type are usually utilized to switch the title of some real estate property after the death of a trustee, tenant, or trustor. And as with all legal forms, the language of the form is strict and formal, so the form completion process might be more challenging than you may think at first.

If you would like to learn how to fill out this printable affidavit form properly, what the form is about, when it is used, and what documents one needs to gather before completing an Affidavit of Death of a Trustee Form in California, make sure to read the article below.

What Is an Affidavit of Death of a Trustee Form?

Such a form as the Affidavit of Death of a Trustee is utilized to verify the identity of the decedent as the owner of real estate. The main aim of this legal template is to authoritatively eliminate the full name of the dead person (a trustee, for example) from the title of the real estate property. Then, the name has to be replaced by the new owner: the successor of the trustee.

The form includes information about the decedent, the property of theirs, and the data about the new real estate owner.

Peculiarities of an Affidavit of Death of a Trustee Form

In this section, we will briefly cover some nuances concerning the form:

• In a situation when the decedent had owned more than one real estate, then for each piece of real estate, a new Affidavit form has to be created. When the form is sent to the court and the recipients, it has to go along with a notarially certified death certificate;
• The documents have to be submitted within 60 days from the death date of the decedent. The documents should as well be submitted to the court where a dead person lived;
• Sometimes couples create a joint-life trust. In this case, if one of the spouses dies, the distribution is not performed. The death of the second spouse is typically required to perform a distribution. Nonetheless, if the trust needs distribution, the title is usually assigned to the Recipients listed in the trust;
• Make sure to notice that each county of California might have slight differences in their affidavit form, so you will have to choose the correct template.

What Information Does One Need to Complete an Affidavit?

Before starting filling out the template, one will have to gather all of the required documents, such as a notarially certified death certificate, the sample of a deed that transferred the estate into the trust, and the trust documents themselves.

How to Fill Out California Affidavit of Death of a Trustee Form

The next topic of our discussion is how to fill out the form. It is a legal document that is supposed to have a notification to the courts, so one will have to gather all of the data about the property of the Trustee. If you want to successfully and effortlessly complete the form, use out modern form-building software to ensure the best result:

Fill out the full legal name of the new owner or owners of the subject property;

In the following lines, write out the full name and the address of the person who is supposed to get the stamped sample and tax statements of this template once it will be recorded;

In the main body of the form, fill out the Assessor’s Number of Parcel. It can be found on the current deed or the tax bill;

In the next line, fill out the full name of the one who is going to sign the form;

The subsequent lines are dedicated to the deceased owner. Here, fill out their name just like it is written on the death certificate. Then, on the following line, write this name once again. In the next space, write out the date trust was signed. In the final line of this section, fill out the names or name of the trustor(s) on trust documents;

The data for completing the next few lines must be copied from the act on the property transfer to a trustee.

In the following subsection, the data regarding the property will be depicted. In the first line of this section, fill out the street address of the property. Then, enter the names of the trustor or trustors on the property deed transferring to trust. The next spare spaces are dedicated to the dates when the current deed was signed and when it was recorded, respectively. Then, in the next lines, enter the Instrument Number, the Book, or Reel number, as well as Page or Image number, assuming any was used before. Then, write the name of the county in California where the process took place;

In the next subsection, write out the formal description of the property: just as it is written on the deed. In case you want, you can type (or photocopy) the description on a separate page labeled “Exhibit A,” attach it, and enter “See Exhibit A” in this space;

In the next section, you will have to put the date when the document was signed and put your signature (it has to be done in front of Notary Public. In the following line, enter the name of the person who is signing the document.