California Real Estate Property Post Death Trust Transfers Tip Sheet by Deed and Record

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Two documents are needed to transfer ownership of California real property from a trust to beneficiaries of the trust - an ‘affidavit of death of trustee’ and a deed. Tip Sheet by Deed and Record explains the purpose of these two documents.

Real property deeds and affidavits of death

Post death transfer of California real property requires and an "affidavit of death of trustee."

Post Death Trust Administration Tip Sheet explained by Deed and Record. Two documents are needed to transfer California real property from a trust to beneficiaries of the trust - a deed and an ‘affidavit of death of trustee.’ An ‘affidavit death of trustee’ is a declaration, under oath, by the successor trustee. The successor trustee declares the owner has died and attaches a certified copy of the death certificate. The successor trustee further declares he or she is authorized to take control of the real estate property.

The affidavit is filed with the county recorder where the real property is located. It is now of public record the successor trustee has the authority to take control of the real property. Control is limited to what is directed in the trust. Typically, the trust directs the successor trustee to distribute the real estate property to individuals identified in the trust.

Distribution is by either sale of the real property or transfer of ownership. If the successor trustee sells the property, the affidavit death of trustee is all that is required. Escrow and title will use the affidavit as the successor trustee’s authority to sell the property.

Ownership transfer of real property is by deed out of the trust to the beneficiaries of the trust. The deed must conform to format requirements of California law and contain a legal description. An example of wording is “John Doe, Successor Trustee to the Smith Revocable Trust grants to Jane Smith and Joe Smith real property located in the State of California, county of ….”

A “Preliminary Change of Ownership Report” is required with each affidavit and deed. This “report” provides additional information and is submitted with the deed. This “report” is not recorded.

Two additional documents may be needed with the affidavit and deed. If an exemption exists to the $75 tax imposed by Senate Bill 2 – Building Homes and Jobs Act, a cover sheet citing the reason is placed in front of the deed. Some counties in California have an additional county specific document that is an affidavit stating the reason no transfer tax is due.

Two documents are needed to transfer California real property from a trust to beneficiaries of the trust; a deed and an ‘affidavit of death of trustee.’ An ‘affidavit death of trustee’ is a declaration, under oath, by the successor trustee. If the successor trustee sells the property, the affidavit death of trustee is all that is required. Ownership transfer of real property is by deed out of the trust to the beneficiaries of the trust.

This press release was provided by Mark W. Bidwell, an attorney licensed by the state of California. Office is located at 4952 Warner Avenue, Suite 235, Huntington Beach, CA 92649. Telephone is 714-846-2888. Website is http://www.DeedAndRecord.com

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Mark Bidwell
Timeshare Lovers
since: 05/2016
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