The Affidavit of Death of Trustee (REC340) is a recordable form published by the San Diego County Assessor/Recorder/County Clerk, in which a surviving successor trustee swears that a deceased trustee held title to real property under a declaration of trust. It is used when that property is held in trust and the trustee has died. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original PDF is published by the county at sdarcc.gov, and the signed, notarized affidavit is recorded through the Recorder's channels.
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What is REC340?
The Affidavit of Death of Trustee (REC340) is a sworn statement prepared on the San Diego County Recorder's form, in which a surviving successor trustee identifies a deceased trustee and the real property that trustee held in trust.
The form is a single page. It has a "Recording Requested By" and "When Recorded Mail To" block, a space reserved for the Recorder's use, a line for the Assessor's Parcel Number, and three numbered statements made under oath:
- The decedent named in the attached certificate copy of the Certificate of Death is the same person as the Trustee in a Declaration of Trust of a stated date, executed by the named trustor(s).
- When the decedent died, the decedent owned certain real property as Trustee, acquired by a deed recorded on a stated date, as an instrument number in the Official Records of a named California county, with the property described.
- The person signing is the surviving successor Trustee of the same trust and is designated and empowered by its terms to serve as trustee.
The affidavit is signed by the successor trustee and completed with a California notary acknowledgment at the bottom of the page. It is a recording document, not a tax form: if you reached it searching for San Diego County property tax information, note that the form only carries the Assessor's Parcel Number to identify the parcel. The county lists it among its recording courtesy forms, and the Recorder's recording page sets the general rules for any document presented for recording.
Who needs to file REC340?
The main user is the surviving successor trustee of a trust under which a trustee held title to real property and has since died. The form is written in that person's voice: the person signing states that they are of legal age, that they are the surviving successor Trustee of the same trust, and that the trust's terms designate and empower them to serve as trustee.
The form also applies only when these facts fit:
- The deceased person was the trustee under a Declaration of Trust and owned the real property as Trustee, by a deed recorded in the Official Records of a California county.
- A certificate copy of the decedent's Certificate of Death is available to attach.
- The property is in San Diego County. The Recorder's page lists this among the general requirements for any document it records.
The form has no signature block for an agent or other representative: the affiant signs, and a notary public completes the acknowledgment. The form does not say who may use it in any other situation, so for questions about your case contact the Recorder's staff at (619) 238-8158.
When to file REC340
Use the form after the trustee's death, once the surviving successor trustee is ready to sign the sworn statement before a notary and has a certificate copy of the Certificate of Death to attach. No separate due date is printed on the form.
The affidavit is presented to the Recorder for recording, and the Recorder's page says all applicable fees must be paid at the time of recording. For in-person recording at the San Diego Recorder/County Clerk offices, the page says appointments are not required. Allow time to have the notary complete the acknowledgment first, because the Recorder requires original signatures and a properly completed acknowledgment unless the document is exempt.
Documents you need
- A certificate copy of the decedent's Certificate of Death, attached to the affidavit: the form's first statement refers to the attached certificate copy to identify the decedent as the Trustee.
- If you mail the document for recording: a check or money order payable to San Diego Recorder/County Clerk to cover the applicable fees.
How to fill out REC340
Complete the return address block
In the "Recording Requested By" and "When Recorded Mail To" block at the top, enter the name and mailing address (Name, Address, City, State, Zip) to which the recorded document should be returned. Leave the space marked "Above Space for Recorder's Use Only" blank.
Enter the Assessor's Parcel Number
Write the Assessor's Parcel Number of the property on the line below the title.
Fill in the oath heading
Enter the county after "State of California, County of" and the name of the person swearing the affidavit, who states they are of legal age.
Complete statement 1 about the decedent
Enter the decedent's name, the date of the Declaration of Trust and the trustor(s) who executed it. The decedent must be the person named in the attached certificate copy of the Certificate of Death.
Complete statement 2 about the property
Enter the date the deed was recorded, the instrument number and the county of the Official Records, then describe the property as the form requests.
Confirm statement 3 about the successor trustee
Statement 3 has no blanks: it says you are the surviving successor Trustee, designated and empowered by the trust to serve as trustee. Make sure this is true before signing.
Enter the date, print name and sign
Fill in the Date and Print Name, and sign in the Signature space in front of the notary.
Have the notary complete the acknowledgment
The notary fills in the state, county, date, the name of the signer, the Notary Signature and the Official SEAL. Check that the seal is clear and legible.
Review, download and attach the death certificate
Check every entry against the trust and deed, then download or print the completed PDF from FillingPDF, attach the certificate copy of the Certificate of Death and prepare it for recording as described under How to submit.
How to submit REC340
You can record the signed and notarized original with the San Diego Recorder/County Clerk in person or by mail.
- In person: record the document at the downtown San Diego, Chula Vista, Santee or San Marcos office. The Recorder's page says the recording service is not available at the Kearny Mesa office, and that appointments are not required.
- By mail: send the original document with a check or money order payable to San Diego Recorder/County Clerk. For standard U.S. Mail use San Diego Recorder/County Clerk, P.O. Box 121750, San Diego, CA 92112-1750. For overnight or express mail use San Diego Recorder/County Clerk, 590 3rd Avenue, Suite 204, Chula Vista, CA 91910.
Fees apply and must be paid at the time of recording. They are payable by cash, credit/debit card (in person only), check or money order, and a surcharge applies to card payments. For amounts, see the county's fee schedule linked from its recording page. The same page describes other charges, such as Documentary Transfer Tax, a Preliminary Change of Ownership Report and an SB2 fee with a declaration of exemption, so ask the Recorder's staff at (619) 238-8158 which apply to your document. Se habla español.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Signing the affidavit without the notary present; the acknowledgment says the document was subscribed and sworn before the notary.
- Submitting a photocopy: the Recorder requires original signatures unless the document is a certified copy issued by the custodian of the record.
- Using a notary seal that is faint or smudged; the seal must be legible for microfilm reproduction.
- Leaving out the certificate copy of the Certificate of Death that the first statement refers to as attached.
- Writing in the top 2½ inches of the first page, which the Recorder reserves for recording information, or leaving no ½" margin on the two vertical sides.
- Fastening pages with seals, rivets or ribbons, or using pages that are not 8½" by 11"; non-standard sheets bring an additional per-page charge.
- Mailing the original without a check or money order for the recording fees.
- Taking the document to the Kearny Mesa office, which does not offer recording.
Frequently asked questions
What is the Affidavit of Death of Trustee (REC340)?
It is a one-page San Diego County Recorder form in which a surviving successor trustee swears that a deceased trustee was the trustee under a Declaration of Trust and owned described real property as Trustee. It refers to an attached certificate copy of the Certificate of Death.
Who signs the Affidavit of Death of Trustee?
The surviving successor trustee signs it. The person states they are of legal age and are designated and empowered by the trust to serve as trustee. The form has no separate block for an agent; a notary public completes the acknowledgment after the trustee signs.
Does the affidavit have to be notarized?
The form includes a notary acknowledgment at the bottom, and the Recorder's page says documents must be properly acknowledged unless exempt and that the notary seal must be legible. The notary signs and seals the form after the successor trustee signs in the notary's presence.
Where do I record the Affidavit of Death of Trustee in San Diego County?
Record it in person at the downtown San Diego, Chula Vista, Santee or San Marcos office, or mail the original with a check or money order to P.O. Box 121750, San Diego, CA 92112-1750. The Kearny Mesa office does not offer recording.
Is there a fee to record this affidavit?
Yes. The Recorder says applicable fees must be paid at recording, by cash, card (in person only), check or money order. Check the county fee schedule for the amount, or call the Recorder's staff at (619) 238-8158.
Do I need an appointment to record it?
No for in-person recording. The Recorder's page says appointments are not required at the offices where documents are recorded. If you prefer to mail it, send the original with payment to the Recorder's P.O. Box or to the Chula Vista address for overnight mail.
Where do I find the Assessor's Parcel Number for the form?
The Recorder's page says APN searches are no longer available in its online Official Record Search, effective December 9, 2024. They remain available at the in-person kiosks at the county's five offices, so look up the number there or use your deed.
Can I fill out the Affidavit of Death of Trustee online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF does not notarize, file or record the affidavit and is not affiliated with San Diego County; the notarized original goes to the Recorder through its own channels.
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