Elk Grove, CA asked in Estate Planning and Real Estate Law for California

Q: In which California county do I file the Affidavit of Death of Trustee?

My dad's living trust was created in San Mateo county, and one piece of real estate in the trust is in San Francisco county. My dad passed away and I am the trustee and I live in Sacramento county.

3 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: You should record an Affidavit of Death in every county in which the decedent owned real property.

Anthony M. Avery , Zaher Fallahi and James Edward Berge agree with this answer

Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: Correction: you should record an affidavit of death In every county in which the decedent owned real property with another who had a right of survivorship or in which the decedent’s trust owned real property if the decedent was a trustee of record.

James Edward Berge and Jeffrey Louis Gaffney agree with this answer

Genene N. Dunn
Genene N. Dunn
PREMIUM
Answered
  • Estate Planning Lawyer
  • Tustin, CA
  • Licensed in California

A: You would record the affidavit of death in San Mateo county where the property is. You do not have to file it with the court if the deed was in the trust and you are only filing an affidavit of death. That gets recorded with the county recorder.

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