Affidavit of Death of Trustee
When a trustee passes away, the property in their trust can’t be sold, refinanced, or transferred until the county record is updated. We prepare your affidavit and e-record it the same day, at a flat $325.
An Affidavit of Death of Trustee is a document recorded with the county when the trustee of a living trust passes away. It confirms the death, identifies the successor trustee named in the trust, and updates the public record so the successor can manage, sell, or transfer the trust’s real property. TruPoint Legal prepares the affidavit, attaches the certified death certificate, and e-records it the same day in any of California’s 58 counties — for a flat $325 plus recording costs, with no attorney retainer.
Until it’s recorded, the trust’s property is frozen
A living trust avoids probate only when the public record reflects who holds authority now. After a trustee dies, title still shows their name — so the successor trustee cannot act, and everything tied to the property stalls.
- A sale or refinance can’t close with clouded title.
- Beneficiaries wait, and carrying costs keep adding up.
- Recording the affidavit clears the path, no court needed.
Recording the affidavit is the step that keeps the trust working as it was meant to — quietly, and without probate.
Three steps, and the record is set right
We confirm the successor
We review your trust to identify the successor trustee who is authorized to act now that the original trustee has passed.
We prepare the affidavit
We draft the affidavit, attach the certified death certificate, and arrange notarization.
We e-record it for you
We submit it to the county the same day through electronic recording, then send you the recorded copy for your files.
A short list, and we handle the rest
- A certified copy of the trustee’s death certificate.
- The trust document, or the pages naming the successor trustee.
- The property address — we can locate the legal description for you.
Often a death of trustee comes alongside other paperwork. We can prepare those documents too, all in one place:
Every affidavit is prepared and reviewed by Quinnie Do, a registered and bonded Legal Document Assistant, #268 in Santa Clara County — with service in English and Vietnamese, and Spanish through an on-staff partner.
Need it notarized?
This affidavit must be notarized before recording. Our affiliate Fingerscan Digital handles mobile and in-office notary, so signing and recording can happen together.
One less thing to carry during a hard time
Losing someone is heavy enough without untangling paperwork. We keep this step simple and respectful — clear flat pricing, plain answers, and the recording handled for you, so you can focus on family.
If the trust holds more than one property, or you’re also stepping in as successor on other accounts, we’ll walk you through what comes next, at your pace.
Talk with usKnow the price before we begin
Includes drafting the affidavit and attaching the certified death certificate. No documentary transfer tax applies to this filing. We confirm everything at your free consultation before any work begins.
County recording fees are collected at intake and remitted to the county on your behalf. The fees shown are TruPoint Legal’s preparation fees only.
Affidavit of Death of Trustee, answered plainly
The trustee’s death is recorded.
Now the property has to reach the beneficiaries.
Updating the county record lets you act as successor trustee — but it doesn’t move the home to the people who inherit it. When you’re ready, we prepare the trustee’s deed that transfers the property out of the trust to the beneficiaries and e-record it the same day. We prepare it at your direction.
Deed to the beneficiaries
We prepare the trustee’s deed that transfers the property out of the trust to whoever inherits it — whichever deed the trust calls for.
Same-day e-recording
Once you approve the deed, we e-record it with the county the same day — statewide, no trip to the recorder.
One matter, start to finish
Affidavit today, distribution deed next — handled in one place, so you’re not restarting the story with someone new.
TruPoint Legal is a registered Legal Document Assistant, not a law firm, and does not provide legal advice. We prepare successor-trustee and distribution deeds at your specific direction, based on the terms of your trust. What the trust requires and who inherits is determined by the trust and by you — we prepare the documents you direct.
Let’s get the record set right
Call or get started online, and we’ll tell you exactly what’s needed and the flat fee before any work begins.