What is the difference between Affidavit - Death of Trustee and Affidavit - Death of Trustee - Succession of Successor Trustee?
To transfer real property in California through a trust by the successor trustee it appears I need to record the Affidavit - Death of Trustee with the Death Certificate and then the deed transferring the properties to the beneficiaries. What is the purpose of the Affidavit - Death of Trustee - Succession of Successor Trustee?
1 attorney answer
An "Affidavit - Death of Trustee" signifies that a trustee of the trust has passed. This is common when spouses are co-trustees and one of them dies. In this situation the remaining spouse continues as trustee.
An "Affidavit - Death of Trustee - Succession of Successor Trustee" signifies that a trustee has died and someone else has become trustee. For example, when the second spouse dies and a child named as the successor trustee in the trust takes over. The affidavit ill clarify the parent has died and name the individual who is the new, or successor, trustee.
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