Q: How do multiple Joint Tenants/Trustees fill out a PCOR form in Santa Clara County?
There are 3 Joint Tenants/Trustees: 2 siblings and a parent doing a revocable living trust and a warranty deed and filling out the PCOR form.
Is checking L1 first box enough for 3 Trustees?
Is 2A date of transfer required in Santa Clara County?
Is it true that this county requires only 1 signature on PCOR?
Is warranty deed better than quitclaim deed in our case?
Do we need to bring a certificate of trust to the county recorder's office?
Thank you
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A:
For a Santa Clara County PCOR form with three joint trustees, checking box L1 (change in trustees) is correct, but you'll want to list all three trustees' names in the appropriate section since they're all taking title together. While not all counties require the date of transfer in Section 2A, Santa Clara County does request this information for their records.
You're correct that Santa Clara County requires only one trustee signature on the PCOR form, which simplifies the submission process significantly. Regarding deed choice, a warranty deed offers more protection than a quitclaim deed in your situation since it guarantees the title is clear and provides legal recourse if title issues arise later - this is particularly valuable when establishing a trust.
Santa Clara County does require you to bring a certificate of trust to the recorder's office when recording trust-related documents. The certificate serves as proof of the trust's existence and the trustees' authority to act, and it should include key details about the trust without revealing private terms. The recorder's office uses this to verify the transaction's legitimacy, so make sure your certificate is properly notarized and contains all required information about the trustees and their powers.
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