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RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: Name Address City State, Zip SPACE ABOVE THIS LINE FOR RECORDER S USE AFFIDAVIT OF CHANGE OF TRUSTEE California Probate Code Section 18105 APN: STATE.

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Successor Trustee is the person or institution who takes over the management of a living trust property when the original trustee has died or become incapacitated. The exact responsibilities of a successor trustee will vary depending on the instructions left by the creator of the trust (called the Grantor).

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).

Typically, the settlor (i.e., the person who created and funded the trust) is the trustee until incapacity or death. Upon the settlor's incapacity, the successor trustee will need to obtain whatever certificates the trust document requires in order to establish incapacity and take authority.

Upon the death of a Trustor, a trust typically becomes irrevocable (i.e. it cannot be changed) and at that point there is a change of Trustee. The Trust document typically names a Successor Trustee, who is the person responsible for administering the Trust at that point.

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.

Generally, the successor Trustee will be one or more individuals or corporate entities that you specifically name in your trust to succeed you. However, even if the successor Trustee you've named is unavailable or dies, the California Probate Code provides a statutory framework to resolve such issues.

A 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.

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.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232