Affidavit of Successor Trustee in California: What It Is and How to Use It

When a trustee of a California trust dies, resigns, or becomes incapacitated, the next named trustee must step in. But before that successor trustee can take action, they often need to provide official documentation confirming their authority. One of the most important documents for this purpose is the Affidavit of Successor Trustee.

This blog explains what the affidavit is, when it’s required, and how to properly complete and use it.

What Is an Affidavit of Successor Trustee?

An Affidavit of Successor Trustee is a sworn statement that establishes the legal authority of a new trustee under a revocable or irrevocable trust. It’s commonly used when the original trustee:

• Has passed away,

• Has resigned or become unable to serve, or

• Is otherwise no longer acting in that role.

The affidavit serves as evidence to third parties (like banks or title companies) that the new trustee has the right to manage trust assets, access accounts, and carry out the duties set forth in the trust.

When Is This Affidavit Required?

While not always required by law, the affidavit is often necessary in practice. You may need to provide one when:

• Transferring or selling real estate held in the trust,

• Accessing trust bank or brokerage accounts,

• Filing trust tax returns or handling financial matters, or

• Responding to requests for verification from financial institutions.

Recording the affidavit with the county recorder’s office is typically required when real property is involved.

What Should Be Included?

A well-drafted Affidavit of Successor Trustee should include the following key elements:

• Full legal name and address of the successor trustee

• Name and date of the trust agreement

• Identification of the original trustee and explanation of why they can no longer serve

• Statement of acceptance by the successor trustee

• Declaration under penalty of perjury

• Attachments such as the certification of trust, trustee resignation, or death certificate

The document must be signed and notarized in most cases to be accepted by institutions or government offices.

Do You Have to Record the Affidavit?

If the trust holds California real estate, the affidavit often needs to be recorded with the County Recorder along with supporting documents. This step ensures a clear chain of title and avoids issues during a future sale or refinancing.

Be sure to check the requirements of your local county recorder’s office, as procedures may vary slightly.

Can You Draft the Affidavit Yourself?

While there are templates available online, it’s easy to make mistakes that could delay trust administration or lead to legal disputes. Common pitfalls include:

• Failing to properly describe the trust

• Leaving out required attachments

• Using outdated or incorrect legal terms

• Not meeting notarization or recording standards

That’s why many successor trustees choose to work with a California trust attorney to prepare the affidavit correctly from the outset.

Final Thoughts

An Affidavit of Successor Trustee is more than just a formality — it’s a key step in maintaining control, trust integrity, and legal protection during a trustee transition. Whether you’re a newly appointed trustee or helping a family member administer a trust, it’s important to understand what this affidavit is and how to use it properly.

Need Help with Your Trust Administration?

If you’re serving as a successor trustee in California and need help preparing an Affidavit of Successor Trustee or administering a trust, our firm is here to assist. With over 35 years of experience in California probate and trust law, we can guide you through the process smoothly and efficiently.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.