Affidavit of Successor Trustee California: What to Know

Key Takeaways

• An Affidavit of Successor Trustee is a form that identifies a successor trustee to be given authority after an initial trustee. 
• The purpose of the form is to make clear who has authority over the trust and provide legal backing over who should make important trust decisions.
• The form requires information about the successor trustee, the trust itself, and the property within the trust for a legal description of the process.
• Consult a trust administration attorney to support you with trustee succession and guide you through the rest of the subsequent processes.

Introduction 

A successor trustee is an individual who takes over the administration of an estate from the originally identified trustee after they are no longer able to serve. A settlor, the trust creator, typically names an individual who is responsible for acting on behalf of the trust, managing the trust’s assets, and distributing the assets to the appropriate beneficiaries—however, in some cases the settlor may name a second trustee to take over the management of the trust in case the original trustee is no longer able to serve. 

In order for the successor trustee to be granted the authority to manage the trust and take action, they must fill out a legal document known as an Affidavit of Successor Trustee in California. The Affidavit of Successor Trustee form will identify the trustee who is to step into the role and provide legal backing for their authority.

This guide outlines everything you should know about the Affidavit of Successor Trustee in California and how to prepare it so that you can move forward in the trust administration process.

What is an Affidavit of Successor Trustees?

An Affidavit of Successor Trustee is a form that clarifies the transfer of authority from the original trustee to a successor trustee. The form is typically necessary after the initially identified trustee has passed away, becomes incapacitated, stepped down, or been removed from their role.  The form provides clear evidence of trustee succession so that the new trustee is able to carry out their responsibilities and capabilities as successor trustee.

What is the Purpose of an Affidavit of Successor Trustee? 

An Affidavit of Successor Trustee serves the purpose of facilitating the transition of authority from one trustee to a successor trustee. The form acts as a legal declaration of trustee succession and the transfer of authority to the new trustee—it also consolidates key details and information about the trust, its assets, and the trustees. 

This Affidavit is valuable for demonstrating the successor trustee’s authority so that they can carry out important tasks while administering the trust, from marshaling trust property to making transactions. 

What Elements are Included in the Affidavit?

The form includes sections requesting crucial information about the trust, who is managing it, and the property within it. Line-by-line, the Affidavit of Successor Trustee includes the following elements:

• Name of the trust
• Name of the settlor who created the trust
• Names of the trustees
• Description of the property in the trust
• Signature field for the successor trustee 
• Signature field for the notary

How To Fill Out the Affidavit of Successor Trustee in California

To fill out the form, you must provide details about the trust, compile all related documents, and sign the Affidavit itself while following the required procedures.

To fill out the form, you must follow these steps:

• Gather the trust document with trustee information
• Provide details about the trust, its creators, and any previous trustees
• Verify that the trust has not been revoked or altered
• Attach a legal description of any relative property
• Sign the document before a notary public

Consider seeking the support of an attorney who can help you ensure you fill out the form properly and in compliance with all applicable laws. An attorney will also be able to guide you throughout the rest of the trust administration process so that you understand all necessary steps and can avoid confusion.

How To Submit the Form 

When it comes time to submit the Affidavit, it’s important that you submit it to the appropriate office following the necessary steps so that it can be processed accordingly.

To submit the form, you should carry out the following steps 

• Identify the county where the trust is held so you can identify the appropriate county clerk office  
• Submit the form to the relevant county clerk via email, mail, or fax
• Maintain a copy for your records to prove authority as successor trustee

You should file as soon as possible in order to maintain compliance with the trust administration requirements and ensure the trustee has authority to act.

When Do You Use the Affidavit?

You will use the Affidavit any time authority of a trust is transferred from one trustee to another. In other words, you need the Affidavit when a successor trustee fills the shoes of the original trustee so that you can update the trust records and prove who has legal authority over the trust. 

Potential circumstances for using the Affidavit may include: 

• The originally identified trustee has passed away
• The trustee has resigned from their role
• The trustee has been removed from their position managing the trust

You should aim to fill out this form as soon as possible after trustee succession—this will give the successor trustee the greatest potential to carry out important tasks without running into obstacles related to questions about their authority.

Who Needs the Affidavit of Successor Trustee Form?

The Affidavit of Successor Trustee form is beneficial for any party who needs proof of the successor trustee and their authority. This could be the successor trustee themselves so that they can demonstrate their ability to handle trust assets or a beneficiary that questions who they should consult regarding the trust.

All together, parties who may need the Affidavit of Successor Trustee Form include: 

• Successor trustees who need to prove their authority
• Attorneys and legal representatives managing affairs related to the trust
• Beneficiaries who request proof of trusteeship
• Real estate agents responsible for handling trust property
• Attorneys who support the settlor with estate planning

Having the form on record for the above interested parties minimizes any confusion about who has authority over the trust and smooths the process for recognizing the successor trustee and allowing them to perform their duties. 

What Are the Consequences of Failing to Submit the Affidavit?

If you do not submit the Affidavit of Successor Trustee, it could lead to potential legal issues or disruptions to the trust administration process. Ensuring the Affidavit is completed properly and with the appropriate timeline will ensure there is clarity around the administration of the trust and who to contact with any concerns.

Some of the tangible consequences may include:

• The trustee may struggle to be recognized in their role and face obstacles to performing their duties 
• Beneficiaries may be confused regarding who has authority over the trust
• Potential legal disputes surrounding the trust and the authority over the trust

Importance of Professional Support in Filling out the Affidavit

Support from a professional attorney can help you simplify the process and ensure you fill out the form correctly. An attorney will offer valuable guidance in distilling the necessary information to include on the form and how to follow through with submitting it to the county courts.

A trust administration attorney can also offer ongoing support beyond filing the Affidavit. Once the successor trustee takes over the administration of the trust, the attorney can act as a guide to consult for ensuring that they are fulfilling their necessary duties in compliance with state and local laws while upholding their fiduciary duty.

A trustee failing to understand the full scope of their duties and responsibilities is a common cause for delays or even outright successor trustee removal—skilled legal guidance is valuable for avoiding potential issues or concerns. 

Find Support in The Trust Administration Process with RMO Lawyers

An Affidavit of Successor Trustee in California is a helpful document for providing legal backing for the transfer of authority to a successor trustee in the administration process. A trust administration attorney is a valuable resource to ensure you meet all the necessary legal standards and assess any potential issues regarding your succession. 

At RMO Lawyers, we can help ensure a smooth transfer of authority to the successor trustee. We offer close guidance throughout the trust administration process, ensuring you understand the scope of your duties. Should a dispute arise, our team of experienced trust litigators can step in to help resolve them. 

If you are a successor trustee in need of guidance, schedule a consultation with our team at RMO Lawyers to learn more about your options.