Get CA Affidavit - Change of Trustee

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).

Cal. Prob. Code § 18100 gives third party purchasers of trust property protected bona fide purchaser status except where they have actual knowledge of a breach of the trust. The protection is limited to third persons who act in good faith and for a valuable consideration.

A 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.

Just follow the Trust terms. The Trust may require you to send written notice to the Trustee to remove them. Once you follow that directive, the Trustee must step down and a successor Trustee can be appointed. If another person has the right to remove and replace the Trustee, then you would want to talk to that person.

20100. Except where the context otherwise requires, the following definitions shall govern the construction of this chapter: (a) "Estate tax" means a tax imposed by any federal or California estate tax law, now existing or hereafter enacted, and includes interest and penalties on any deficiency.

(a) The trustee may present a certification of trust to any person in lieu of providing a copy of the trust instrument to establish the existence or terms of the trust. A certification of trust may be executed by the trustee voluntarily or at the request of the person with whom the trustee is dealing.

(California Probate Code Section 18105) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

2021 California Code Probate Code - PROB PROBATE CODE. DIVISION 1 - PRELIMINARY PROVISIONS AND DEFINITIONS [1 - 88] DIVISION 2 - GENERAL PROVISIONS [100 - 890] DIVISION 3 - GENERAL PROVISIONS OF A PROCEDURAL NATURE [1000 - 1312] DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925]