Atascadero, CA asked in Estate Planning and Probate for California

Q: Is there anything that has to be filed when one person in a joint trust dies? If so can I find out through county record

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3 Lawyer Answers
Ernest Charles Payne Jr
Ernest Charles Payne Jr
Answered
  • Estate Planning Lawyer
  • San Clemente, CA
  • Licensed in California

A: Not necessarily. If title to real property is involved, an affidavit of death may have been filed with the county recorder to change title. It will not give you the specific language/ contents of the trust, however.

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: Trusts are not filed anywhere publicly so, after someone dies, there is no need to file any document with the government related to the trusts. (There are notices that have to be given for all people who pass away, but they don’t have anything to do with a trust.) If you are trying to get your hands on a copy of the trust, whether or not you can a copy will depend on if you are named in the trust or in the immediate family of the person who passed. People in those two groups should be sent notice and the opportunity to get a copy of the trust. I hope that helps!

James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: If the trust is the owner of real estate, you might find an affidavit of death of trustee filed in the local recorder’s office for the county where the land is situated. You might also find an original Will of the deceased trustor located in the court clerk’s office for the county in which the trustor resided at time of death. But there is no requirement to file a copy of a trust agreement when a trustor dies if that’s what you’re looking for.

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