Q: HOW can a dead primary trustee complete a GRANT deed to transfer a house to successor trustee with NO consideration?

A: When a property owner (or the Trustee of a Trust that holds title to real estate) passes away, documents need to be filed with both the County Assessor and the County Recorder of the county in which the real estate is located. Be mindful that some counties have local rules that must be followed so you need to comply with state-wide and county procedural requirements and pay applicable recording fees. The fees are generally available on the County’s website. Don’t forget to pay the copying fee and add a self-addressed stamped envelope if you want a copy returned to you.

A: Here are a few key points regarding transferring a house from a deceased primary trustee to a successor trustee in California:

1. Consideration: You can cross out "for valuable consideration" and replace it with "for no consideration, as this transfer is pursuant to the terms of the trust." Transfers between a trust and its beneficiaries typically do not require consideration.

2. Signing the Deed: The successor trustee should sign the deed in their capacity as the current trustee, not as the deceased primary trustee. Forging the deceased trustee's signature would indeed be illegal. The proper wording for the grantor would be: "JO DOE, as successor trustee of the AMY DOE TRUST dated 11/11/11."

3. Affidavit of Death: Along with the deed, you should also record an Affidavit of Death of Trustee, which establishes the successor trustee's authority to act on behalf of the trust. This affidavit should include a copy of the death certificate and a copy of the trust document (or a certificate of trust).

4. Transfer Tax Exemptions: To claim the exemption from documentary transfer tax, you should reference Revenue and Taxation Code section 11930 on the front page of the deed. You can add a statement like: "This conveyance is exempt from documentary transfer tax under Revenue and Taxation Code section 11930."

5. Preliminary Change of Ownership Report: You'll also need to file a Preliminary Change of Ownership Report (PCOR) with the deed, and should check the box indicating the transfer is to a trust.

While these steps cover the key aspects, it's always best to consult with a local estate planning attorney to ensure everything is handled properly and in compliance with current California law. The specific language and requirements can vary county by county.