A California Affidavit of Death of Trustee is a sworn statement that a trustee has died. It takes the trustee’s name off the title of real estate held in a trust, so the successor trustee can be listed as the new owner. It works like any other printable affidavit form: you fill in the names, the property details and the signature block.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current law. If you notice an error or outdated information, please contact us.
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 affidavit lists the decedent, the real property, and the new owner of the property.
These terms appear on the affidavit and in the trust papers. Knowing who is who makes each line easier to complete, especially when the trustor, the trustee and the successor trustee are different people.
A few details change how you prepare this affidavit, such as how many properties are involved, whether the trust is a joint-life trust, and which county you are in. Read these points before you start filling it in.
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.
Check that every name, date and number you enter matches the death certificate and the trust papers.
Open the PDF in our online PDF editor and fill it in from top to bottom in eight short steps. 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. Take each detail from your papers as you go.
Type the full legal name of the new owner or owners of the property.
On the next lines, enter the full name and mailing address of the person who will receive the stamped one and the tax statements after recording.
In the main body, enter the Assessor’s Parcel Number. You can find it on the current deed or the tax bill.
On the next line, enter the full name of the person who will sign the affidavit.
The next lines are for the deceased owner. Enter the name exactly as it appears on the death certificate, then repeat it on the following line. Next, enter the date the trust was signed. On the last line of this part, enter the name or names of the trustor(s) shown on the trust papers.
The data for completing the next few lines must be copied from the act on the property transfer to a trustee.
The next part describes the property. On the first line, enter the street address. Then enter the trustor names shown on the deed that moved the property into the trust.
Use the next spaces for the dates it was signed and recorded. After that, enter the Instrument Number, the Book or Reel number, and the Page or Image number, if any were used before. Finally, write the name of the county in California where the process took place.
In the next part, enter the formal description of the property exactly as it is written in the records. You can also type or photocopy it on a separate sheet 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. On the next line, enter the name of the person signing.
The table below uses made-up details to show how a completed affidavit of death can look. Use it as a pattern only, and replace every entry with the details from your own trust papers and property records.
| Part of the affidavit | Example entry |
|---|---|
| New owner | Ben Carter, successor trustee |
| Deceased owner | Anna Baker, written as on the death certificate |
| Trust date | March 3, 2015 |
| Property address | 123 Main Street, Anytown, California |
| County | Sample County |
| Assessor’s Parcel Number | 123-456-789 |
| Legal description | See Exhibit A |
| Signer | Ben Carter |
Small slips are easy to make on a long affidavit. Check each entry against your papers before you sign, and watch for these common mistakes in particular. A few minutes spent on a final read-through is time well spent.
Start with the new owner’s details and the mailing address for the stamped one. Then add the signer, the deceased owner, the property details and the legal description. The last part holds the date and the signature.
Look on the property tax bill or on the current deed. Enter the number in the main body exactly as it appears there.
Yes. Type or photocopy the description on a separate sheet labeled “Exhibit A,” attach it, and write “See Exhibit A” in the legal description space.
General information, not legal or tax advice.
