San Diego, CA asked in Estate Planning for California

Q: Is it a required to file an Affidavit of death after someone dies?

A friend's stepmother passed away 6 months ago and the home is still in the trust and still names the stepmother as trustee of the trust. Does the new trustee (we don't know who it is) need to file an Affidavit of Death within a certain time period?

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2 Lawyer Answers

Scott Jordan

  • Estate Planning Lawyer
  • San Ramon, CA
  • Licensed in California

A: The new trustee must begin the administration of the trust, which includes filing the Affidavit Death of Trustee with the county recorder. There is much more to do and the successor trustee would be wise to contact an estate planning attorney to consult on what is required to administer the trust. Failure to act could cause substantial legal problems for the successor trustee.

Zaher Fallahi

  • Estate Planning Lawyer
  • Los Angeles, CA
  • Licensed in California

A: When the decedent settlor dies, the successor trustee's duty is to begin the process of administration which is collection of all assets and making the payments for liabilities, and distributing the left over. He or she will file an affidavit of death of the settlor with the county of situs. Please consult a probate (this not a probate case but such counsel would have the knowledge)or an estate planning attorney.

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