Q: Can I use a doc service to file an affidavit of death and sell my father's house under a trust in California?

A: An affidavit of death will not accomplish your goal. You need to record an updated certification of trust explaining that the former trustee has passed and you are now the trustee. It needs to be in recordable form of course and might also include the legal description and parcel number of the property to help with indexing.

A: Yes, you can use a document preparation service to help file the required paperwork and sell the home as trustee, as long as the situation is straightforward and there are no disputes. You are not legally required to hire an attorney, though one-time legal advice may still be helpful.

Your first step is to establish your authority as successor trustee. In California, that means recording an Affidavit of Death of Trustee with the county recorder’s office, along with a certified copy of the death certificate and a Certification of Trust. This updates the title records so you can act on behalf of the trust.

There is a standard form for the Affidavit of Death, which you can usually download from your county recorder’s website. It must be notarized and include the legal description of the property (not just the street address). Some title companies may also ask for a copy of the trust deed or trust instrument.

Once title is updated, you can proceed with the sale of the house. The sale proceeds should be deposited into a trust bank account, not your personal account. This is a dedicated account opened in the name of the trust, and it’s essential for:

• Keeping trust assets separate from your personal finances

• Paying trust-related expenses (like repairs, taxes, or professional fees)

• Distributing funds to the beneficiaries

• Complying with your fiduciary duties and maintaining a clear paper trail

To open the trust account, you’ll need the trust document (or Certification of Trust), a certified death certificate, your ID, and possibly an EIN from the IRS if the trust became irrevocable at your father’s death.

After debts and expenses are paid, you can distribute the remaining funds equally to the beneficiaries as directed by the trust.

A document service can help with paperwork, but as trustee, you’re still legally responsible. If you’re unsure about any step, it’s wise to consult a trust or real estate attorney—especially if this is your first time handling a trust. Let me know your county if you’d like help finding the correct affidavit form.

A: It sounds like you’re in a solid position as the named trustee, and it’s great that the trust clearly outlines how the property should be handled. In California, if there are no disputes and the trust is properly written, you can generally file the **Affidavit of Death of Trustee** along with a **certified copy of the death certificate** and the **trust certification** with the county recorder’s office. A document preparation service can help with this part if you’re confident that the trust is clear and valid.

Once that’s recorded, you should be able to list the house for sale, sign documents as the trustee, and distribute the proceeds according to the trust’s instructions. Many title companies are familiar with trust sales and may walk you through what’s needed from their end. You don’t automatically need a lawyer if everything is going smoothly, but you’ll want to be extra careful with paperwork to ensure the sale and transfer of funds are handled properly and transparently.

Even if you use a document service, be sure to review everything carefully before signing or filing. Keep detailed records of each step, including the trust's expenses and how proceeds are distributed to your siblings. If anything starts to feel unclear or if a disagreement arises, that’s when it’s worth getting legal guidance. For now, it sounds like you're on the right track.