The Affidavit Death of Trustee is a Recorder Sample Document published by the Riverside County Assessor-County Clerk-Recorder, in which a successor trustee swears that a deceased trustee was the record owner of real property held in trust. It is a recording document, not one of the Riverside County property tax forms: the only tax statement in it, in paragraph 4, concerns federal estate tax. You can fill out the form online on FillingPDF and download or print the completed PDF; the county publishes the original and receives the signed affidavit only by mail or in person.
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What is Affidavit Death of Trustee – Riverside County, CA?
The Affidavit – Death of Trustee is a sworn statement, published as a Recorder Sample Document by the Riverside County Assessor-County Clerk-Recorder, in which a successor trustee identifies a deceased trustee, describes the real property that trustee held of record, and consents to act as trustee.
The form is built around four numbered statements made under oath:
- Paragraph 1 ties the decedent named in the attached certified copy of the Certificate of Death to the person named as Trustee in a Declaration of Trust, giving the date of the trust and the Trustor(s).
- Paragraph 2 states that the decedent was the record owner, as Trustee, of real property at a stated address, described in a Deed with its Grantor(s), signing date, Instrument No. and recording date in the Official Records of a California county. The legal description of the property follows.
- Paragraph 3 is the affiant's statement that he or she is the Successor Trustee under that trust, that the trust was in effect at the time of death and has not been revoked, and that he or she consents to act.
- Paragraph 4 states that no federal estate tax is due as a result of the decedent's death.
The affiant declares the statements true under penalty of perjury under California law, and a notary completes the subscribed-and-sworn certificate at the bottom. The top of the page has blocks for "Recording requested by", "And when recorded mail to" and the A.P.N., and a space reserved for the Recorder's use. The county says it makes no representation about the suitability of its sample documents for your purposes.
Who needs to file Affidavit Death of Trustee – Riverside County, CA?
The main user is the successor trustee of a trust whose earlier trustee has died. That person signs as the affiant: the form opens with "the undersigned, being of legal age, being duly sworn", and paragraph 3 has the signer state that he or she is the Successor Trustee and consents to act.
The form fits a specific situation, because its statements must all be true for the signer:
- The decedent was named as Trustee in a Declaration of Trust and was the record owner, as Trustee, of real property by a recorded Deed.
- The trust was in effect at the time of death and has not been revoked.
- No federal estate tax is due because of the death.
If any of these statements is not true in your case, the form does not fit as printed. The Assessor-County Clerk-Recorder says its employees cannot give legal advice or help prepare legal documents, and it recommends consulting an attorney or other professional if you are unsure which document suits your transaction. The form does not say that anyone other than the successor trustee may sign it.
When to file Affidavit Death of Trustee – Riverside County, CA
The form prints no deadline. It is prepared after the trustee's death, because paragraph 1 refers to an attached certified copy of the Certificate of Death and paragraph 3 to the trust being in effect at the time of death. The signature must be sworn before a notary, who completes the certificate at the bottom of the page, so the affidavit is ready for delivery to the Assessor-County Clerk-Recorder only after that step. The county's forms page sets no timing rule for its Recorder Sample Documents either; if the timing of your transaction matters, ask an attorney or the local office.
Documents you need
- A certified copy of the Certificate of Death of the decedent trustee, attached to the affidavit; paragraph 1 refers to it as "the attached certified copy of Certificate of Death".
How to fill out Affidavit Death of Trustee – Riverside County, CA
Complete the recording blocks
At the top, enter who is requesting recording, the name and address for "And when recorded mail to", and the A.P.N. Leave the space above the line for the Recorder's use blank.
Enter the county in the venue
After "STATE OF CALIFORNIA", write the county on the "COUNTY OF" line.
Enter the affiant's name
Write the name of the person signing, "the undersigned", in the opening statement. The signer must be of legal age.
Identify the decedent in paragraph 1
Enter the decedent's name as shown on the attached certified Certificate of Death, the name as Trustee, the date of the Declaration of Trust and the Trustor(s) who executed it.
Describe the property in paragraph 2
Enter the property's common address, the Grantor(s) and signing date of the Deed, the Instrument No., the recording date and the county of the Official Records. Then add the legal description of the property.
Name the Successor Trustee in paragraph 3
Enter the name of the Successor Trustee, who consents to act under the trust. The paragraph states that the trust was in effect at the time of death and has not been revoked.
Check the estate tax statement
Paragraph 4 states that no federal estate tax is due because of the decedent's death. The signer must be able to swear that this is true.
Sign under penalty of perjury
Sign the declaration that the statements are true and correct under California law, and print the name where the form asks, as your notary directs.
Have the notary complete the certificate
The notary fills in the county, the day, month and year, and the name of the person who appeared, then signs and applies the seal. The notary verifies only the signer's identity, not the truth of the document.
Review and download the completed PDF
Check every blank, then download or print the completed PDF from FillingPDF on black ink, 8 1/2" x 11" white paper. Attach the certified Certificate of Death and deliver the package as described under How to submit.
How to submit Affidavit Death of Trustee – Riverside County, CA
The Assessor-County Clerk-Recorder accepts its forms by mail or in person at your local Assessor-County Clerk-Recorder office. Its forms page states that these forms do not allow online submission.
- By mail: send the signed and notarized original to your local Assessor-County Clerk-Recorder office. Complete the "And when recorded mail to" block so the recorded document can be returned to you.
- In person: deliver the original to your local Assessor-County Clerk-Recorder office.
The county requires all forms to be printed in black ink on 8 1/2" x 11" white paper. Include the certified copy of the Certificate of Death that paragraph 1 refers to. The page gives no address, fee or processing time for this document, so confirm those details with the office or on the county's forms page at https://www.rivcoacr.org/-forms. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Trying to submit the affidavit online; the county's forms do not allow online submission and must be delivered by mail or in person.
- Printing on colored paper, a different size or in ink other than black; the county requires black ink on 8 1/2" x 11" white paper.
- Leaving out the certified copy of the Certificate of Death that paragraph 1 describes as attached.
- Skipping the legal description that follows paragraph 2, or leaving the Deed's Instrument No. and recording date blank.
- Leaving the "And when recorded mail to" block empty, so the recorded affidavit has no return address.
- Writing in the space above the line reserved for the Recorder's use.
- Delivering the affidavit without the notary's completed subscribed-and-sworn certificate at the bottom.
- Expecting county staff to help draft the document; they cannot give legal advice or assist in preparing legal documents.
Frequently asked questions
What is an Affidavit – Death of Trustee used for?
It is a sworn statement by a successor trustee that a named trustee has died, that the decedent held real property of record as Trustee, and that the successor consents to act. It is a Recorder Sample Document of the Riverside County Assessor-County Clerk-Recorder.
Is this a Riverside County property tax form?
No. It is a recording document from the Assessor-County Clerk-Recorder's Recorder Sample Documents. The only tax statement in it, paragraph 4, says no federal estate tax is due because of the decedent's death. Property tax matters are not part of this form.
Does the affidavit have to be notarized?
The form includes a "Subscribed and sworn to (or affirmed) before me" certificate at the bottom, which a notary public or other officer completes. The notary verifies only the identity of the signer, not the truthfulness or validity of the document.
What do I attach to the affidavit?
A certified copy of the decedent's Certificate of Death. Paragraph 1 refers to it as the attached certified copy of Certificate of Death, and the person named there must be the same person named as Trustee in the Declaration of Trust.
Can I submit the Affidavit – Death of Trustee online?
No. The Assessor-County Clerk-Recorder says its forms do not allow online submission and must be delivered by mail or in person to your local Assessor-County Clerk-Recorder office, printed in black ink on 8 1/2" x 11" white paper.
Is there a deadline to file the affidavit?
The form prints no deadline. It can only be prepared after the trustee has died, since it relies on a certified Certificate of Death, and it must be sworn before a notary before it is delivered to the Recorder's office.
Can county staff help me fill out the form?
No. The county says its employees cannot give legal advice or help prepare legal documents, and it makes no representation about whether a sample document suits your purposes. For questions about which form fits your transaction, consult an attorney.
Can I fill out the Affidavit – Death of Trustee on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file, notarize or record the affidavit; you deliver it to the county by mail or in person.
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