Maintain Counsel: Completing a Affidavit Trustee form
The trust administration process begins the day the Trust becomes irrevocable, or in other words, the date of death of the Grantor. The State of California probate code states that all beneficiaries and legal heirs need to be notified in writing within the first 60 days following the Grantor’s death. This notification must be in the official Affidavit of death of trustee format.
The Trustee needs to attach a certified copy of the death certificate to the form. Notifying all parties is officially the first step of the process. Those of legal standing are notified of their loved one’s passing and given the Trustee’s name. Being transparent is an essential step as it also helps the Trustee open communications with the beneficiaries.
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Requirement for Affidavit of Death of Trustee
Affidavit Of Death Of Trustee California Probate Code
The Affidavit of Death of Trustee form is used to verify the deceased’s identity as a person who owns real property. It is used to remove the deceased Grantor’s name from the property title officially. The name is replaced with the name of the successor trustee. If the decedent owns more than one property, an Affidavit of Death of Trustee California Probate Code form needs to be filled out for each property. When submitted to the courts and the beneficiaries, the forms must be accompanied by a certified death certificate. The submission is due within 60 days from the date of death to the courts where the decedent lived. Each California county may have subtle differences in their forms, so you will need to make sure that you only submit an Affidavit of Death of Trustee Los Angeles within Los Angeles County, for example.
How To Fill Out Affidavit Of Death Of Trustee Form
Since the Affidavit of death form is a legal notification to the courts, you will need to be prepared with some information regarding the Grantor’s property. The Affidavit’s first section requires the address, parcel number, and any other legally identifying information for the property location. The next section of the document is the legal statement identifying the Trustee. The form must be notarized to be legal. If you need guidance on how to fill out the Affidavit of Death of Trustee California, give us a call today.
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The copies of the affidavits must include extra information for the beneficiaries. If this information is incomplete, then the form is not considered legal. The components include:
- The notification package is sent via US Postal Service to each beneficiary and heir of the deceased Grantor. The package is mailed to their last known address.
- The Trustee must mail the notifications within 60 days following death.
- The Trustee must offer beneficiaries and other heirs a copy of the trust instrument upon request.
The Trustee must include the following information in the notification package:
- The name of the Grantor and the date that the trust instrument execution date.
- Contact information for each Trustee, including name, address, county of residence, and phone number.
- Certified copy of the death certificate of the Grantor.
- Any other pertinent information from the trust instructions.
Keeping Everything Legal
As you prepare the notification package, ensure that the trust instrument itself has been signed and notarized. If the Grantor’s signature is not affixed to the document, then the trust instrument can be considered null and void. When distributing copies of the Trust, you must include any amendments to the original instrument. If anything seems out of line, such as the Grantor’s mental capacity or the possibility of undue influence, the beneficiaries will have 120-days to contest the trust instrument. If any impropriety is suspected, you should gather as much evidence as possible to present to the courts. The courts are notoriously strict about accepting a petition to contest a trust instrument. When the Grantor died, the Trust is irrevocable, and any proposed changes require a court order. If the request for changes is unanimous among the Trustee and beneficiaries, the petition to contest a trust will hold more weight with the courts.
Seeking Legal Counsel
Individuals considered to have Legal Standing in the court’s eyes include the Trustee (s), beneficiaries, and any other heirs. These individuals are the only ones who can petition the courts for changes to the trust instrument or the Trustee (s). It would be best to protect yourself and your interests by seeking counsel with one of our experienced trust lawyers. They can offer guidance on every aspect of the Trust, including whether your Affidavit of Death of Trustee Los Angeles or your Affidavit of Death of Trustee Orange County is prepared correctly. If you have any questions about filling out Affidavit of death of Trustee California forms, our lawyers can provide the answers.
- What is Trust Administration and options
- Find a Trust Administration Attorney
- How long does a Trustee have to distribute assets?
- Setting a Trust after death
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Trust administration manages the assets in a trust according to the Trust’s terms to benefit the heirs and beneficiaries following the grantor’s death. Trust administration is a multi-step process that involves mountainous paperwork and dealings with courts. Working with a trust attorney can be instrumental in streamlining the whole process.
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