California Certificate of Trust for Successor Trustee
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How to fill out Certificate Of Trust For Successor Trustee?
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FAQ
The affidavit of successor trustee for California specifically requires that you provide proof of incapacity (most commonly a death certificate) and evidence that you have the authority to act as successor trustee (the Trust with any amendments).
Hear this out loud PauseFor example, the successor trustee can be a close friend, an adult child, your spouse, your lawyer, an accountant, or a corporate trustee.
Does a Certificate of Trust need to be recorded? A Certificate of Trust may need to be recorded in the county that any real property is in. That said, if there's no real property owned by the Trust, there may not be any need to record it.
Hear this out loud PauseWhile both roles sound familiar, there are differences between them ? most notably, that if an asset is held outside of the trust (so, in the name of the deceased), it is the responsibility of the executor, and if it is held in the name of the trust, it is the responsibility of the successor trustee.
The trust grantor and the trustee will have to sign and date the document and it will have to be notarized and signed by a notary public. At that point, it will go into effect.
An affidavit of successor trustee is filed when a trustee is removed or has died and is being replaced with the successor trustee. This is common in trusts (or joint tenancy) when it's written that if anything should happen to the trustee, the successor trustee will take over ownership.
Hear this out loud PauseA Petition is filed under PC 17200 to appoint a successor trustee. All trustees and beneficiaries sign a consent. At least one beneficiary or trustee signs a nomination of a new trustee. Always look to the trust to see if a successor is named.
Hear this out loud PauseA trustee, who can either be the trustor or another responsible party, may be appointed while the trustor is still alive; a successor trustee is charged with administering a trust after the trustor or the appointed trustee (if they are different from the trustor) becomes incapacitated or dies.