The Affidavit of Change of Trustee is a sworn statement, citing California Probate Code Section 18105, in which a surviving or successor trustee identifies the trust, the property and the previous trustees. The San Bernardino County Assessor-Recorder-County Clerk lists it under both the Assessor and the Recorder, so it is one of the San Bernardino County property tax and recording forms. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the form itself is published by the county at arc.sbcounty.gov.
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What is Affidavit of Change of Trustee – San Bernardino County, CA?
The Affidavit of Change of Trustee (California Probate Code Section 18105) is a sworn statement in which a surviving or successor trustee declares that a named trust is valid, existing and not revoked, and identifies the property and the previous trustee or trustees.
The form is published by the San Bernardino County Assessor-Recorder-County Clerk, which lists it under both the Assessor and the Recorder. It carries the blocks of a recordable document: a "Recording requested by and when recorded mail document and tax statement to" block, title order and escrow number lines, the property's APN, and a "Space above this line for Recorder's use only" area.
In the body, the affiant states that the person named is the surviving or successor trustee of the trust known as a given name, executed on a given date. The affiant then gives the city in California where the property is located, its legal description and the names of the previous trustee(s). The affiant signs and prints a full name, and a notary public or other officer completes the certificate printed on the form.
The notary's certificate states that the officer verifies only the identity of the person who signed, not the truthfulness, accuracy or validity of the document. The form also notes that there are various types of forms depending on each person's legal status and suggests consulting an attorney if you are unsure which document is appropriate for your transaction.
Who needs to file Affidavit of Change of Trustee – San Bernardino County, CA?
The form is for a surviving or successor trustee of a trust who needs to state, under oath, that the trust is valid and has not been revoked and who the previous trustee(s) were. That person signs as the affiant, and the affidavit names the trustee, the trust, the property and its legal description.
Details the form itself attaches:
- The affiant must be of legal age.
- The affidavit must be sworn or affirmed before a notary public or other officer, who completes the certificate on the form.
- The form concerns property located in California; it asks for the city and the legal description.
The form warns that there are various types of forms depending on each person's legal status. If you have questions about which document is appropriate for your transaction, it suggests consulting an attorney before using it. The form does not describe any other person who may sign on behalf of the trustee.
When to file Affidavit of Change of Trustee – San Bernardino County, CA
The form prints no deadline. Its triggering event is a change of trustee: a surviving or successor trustee completes it to state under oath who the new trustee is and who the previous trustee(s) were. The affidavit has to be sworn or affirmed before a notary or other officer, so the date is filled in and the form signed at that meeting. The county page lists the form under the Assessor and the Recorder without setting a filing period; ask the county offices if your transaction has a timing requirement.
How to fill out Affidavit of Change of Trustee – San Bernardino County, CA
Complete the recording request block
At the top, enter the name, street address, and city, state and ZIP code to which the recorded document and the tax statement should be mailed.
Add title, escrow and APN details
Enter the TITLE ORDER NO. and ESCROW NO. if they apply, and the APN of the property. Leave the Recorder's use space blank.
Enter the state and county
Fill in STATE OF and COUNTY OF for the place where the affidavit is sworn.
Name the affiant and the trustee
Enter the affiant's name in the opening statement, where the affiant is of legal age and sworn. Then enter the name of the surviving or successor trustee.
Identify the trust
Enter the name by which the trust is known and the date it was executed. The form states that the trust is valid and existing and has not been revoked.
Describe the property
Enter the city in California where the property is located and its full legal description.
List the previous trustees
Under "The name(s) of the previous trustee(s) are:" write each previous trustee's name.
Date, sign and print your name
Fill in the day, month and year of the "Dated this" line, then sign as affiant and type or print your full name. Sign in front of the notary or officer.
Have the notary complete the certificate
The notary public or other officer fills in the county, the date, the names of the person(s) who appeared, and the signature and seal. Do not complete this block yourself.
Review and download the completed PDF
Check names, the trust date, the legal description and the APN, then download or print the completed PDF from FillingPDF. Sign it before the notary and deliver it through the county's channels described under How to submit.
How to submit Affidavit of Change of Trustee – San Bernardino County, CA
The form names no filing channel or address of its own. The top of the page contains a block, "Recording requested by and when recorded mail document and tax statement to," where you enter the name and address to which the recorded document and tax statement are to be sent.
The San Bernardino County Assessor-Recorder-County Clerk lists the Affidavit of Change of Trustee under both the Assessor and the Recorder on its forms page, https://arc.sbcounty.gov/forms-fees/. Contact the county offices for current delivery, recording and fee details before you send the signed and notarized original; no fee or amount is printed on the form.
FillingPDF lets you fill out and download the PDF; submission follows the agency's channels.
Common mistakes to avoid
- Signing the affidavit before meeting the notary or other officer; the form is subscribed and sworn (or affirmed) before that officer.
- Swearing that the trust is valid and has not been revoked when that statement is not true; the affiant attests to it.
- Leaving out the names of the previous trustee(s), which the form asks for.
- Omitting the legal description of the property or the city where it is located.
- Leaving the recording block blank, so the recorded document and tax statement have no mailing name and address.
- Leaving off the APN or the title order and escrow numbers when they apply to your transaction.
- Using this form without checking that it fits your legal status; the form says other types of forms exist and suggests consulting an attorney.
- Filling in the notary's certificate yourself; the notary or officer completes it.
Frequently asked questions
What is the Affidavit of Change of Trustee?
It is a sworn statement, citing California Probate Code Section 18105, in which a surviving or successor trustee identifies the trust, the property and the previous trustees and states that the trust is valid and not revoked. The San Bernardino County Assessor-Recorder-County Clerk publishes the form.
Does the Affidavit of Change of Trustee have to be notarized?
The form is sworn or affirmed before a notary public or other officer, who completes the certificate printed on it. That certificate verifies only the identity of the signer, not the truthfulness, accuracy or validity of the document.
Who signs the Affidavit of Change of Trustee?
The affiant signs, and the form says the affiant is of legal age and is the person swearing to the statement about the surviving or successor trustee. The affiant also types or prints a full name. The form names no other signer.
What information do I need to complete this affidavit?
You need the trustee's name, the trust's name and execution date, the city and legal description of the property, the APN, and the names of the previous trustee(s). You also need a mailing name and address for the recording block.
Where do I submit the Affidavit of Change of Trustee in San Bernardino County?
The form prints no filing address. The county lists it under both the Assessor and the Recorder at https://arc.sbcounty.gov/forms-fees/, so contact the Assessor-Recorder-County Clerk for current delivery and recording details before sending the signed original.
Do I need an attorney to use this form?
The form does not require one. It notes that there are various types of forms depending on each person's legal status and suggests you may want to consult an attorney if you have questions about which document is appropriate for your transaction.
Can I fill out the Affidavit of Change of Trustee online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of San Bernardino County and does not file, record or notarize the affidavit; you sign it before a notary and submit it through the county's channels.
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