Affidavit of Death of Trustee – Los Angeles County, CA

The Affidavit of Death of Trustee is a sworn statement in which a surviving or successor trustee declares that a decedent, the trustee of record on a deed, has died and that the affiant now serves as trustee under the same trust.

The form is built to be recorded. Its top block holds "Recording Requested By" and "When recorded mail document to" lines, and a space is reserved for the Recorder's use only. The body is a short affidavit of three numbered statements:

• The decedent named in the attached certified copy of the Certificate of Death is the person named as Trustee in a Declaration of Trust of a stated date, executed by the named trustor(s).
• At death, the decedent owned certain real property as Trustee under a deed recorded on a stated date, with an instrument number, in the Official Records of a named California county, and the property is described.
• The affiant is the surviving or successor Trustee of the same trust and is designated and empowered by its terms to serve.

The affiant dates and signs, then swears to it before a notary public, using the jurat printed at the bottom of the form. The notary certificate says the notary verifies only the identity of the signer, not the truthfulness, accuracy or validity of the document.

The RR/CC lists this form on its page for the Affidavit of Death of Joint Tenant/Trustee. A joint tenancy survivor uses the separate Affidavit of Death of Joint Tenant; this form is the trustee version. The RR/CC notes that consulting an attorney may be advisable because of the legal aspects of a change in ownership of real property.

The main user is the surviving or successor trustee of a trust under which a deceased trustee held title to real property in California. The form has the affiant state that they are designated and empowered by the terms of the trust to serve as Trustee.

Conditions built into the form:

• The decedent must be the same person named as Trustee in the Declaration of Trust and the owner, as Trustee, of real property acquired by a deed recorded in the Official Records of a California county.
• A certified copy of the decedent's Certificate of Death is attached to the affidavit, and the death certificate must name the decedent.
• The affiant must be able to swear to the statements before a notary public or other officer.

Do not use this form when title is held in joint tenancy: the RR/CC page says a surviving joint tenant files an Affidavit of Death of Joint Tenant instead. The RR/CC page also notes that the Preliminary Change of Ownership Report is not needed for a Death of Beneficiary under Deed of Trust, which is a different recorded document from this one.

The affidavit is presented at the time of recording, once the trustee named on the deed has died and the surviving or successor trustee is ready to record it with the RR/CC. The form and the RR/CC page print no separate deadline for it.

Because the notary jurat must be completed on the form, plan the signing and notarization before you go to record, and have the certified copy of the death certificate and the Preliminary Change of Ownership Report ready to present with it.

The RR/CC describes one step: present the documents at the time of recording. It does not print a mailing address, portal or appointment rule for this affidavit.

• Completed affidavit: the form, signed and notarized, with the "When recorded mail document to" block filled in.
• Death certificate: a certified copy of the death certificate.
• Preliminary Change of Ownership Report: the report is also available at RR/CC offices in Norwalk, Lancaster, LAX Courthouse and Van Nuys, and at the County Assessor's offices.

The RR/CC says the blank form can be purchased at most office supply or stationery stores. A fee may apply to recording; ask the RR/CC, as the form and its page state no amount. FillingPDF lets you fill out and download the PDF; submission follows the RR/CC channels above.