An Affidavit of Death of Trustor, Trustee, Beneficiary must be completed and recorded for each interest in real property held in the name of the Trust. The Affidavit must be submitted for recording within 150 days following the death of the loved one along with a certified copy of the death certificate. This process does not change the ownership of the property but rather, it will change the name of the acting Trustee. Thereby allowing the acting Trustee the ability to conduct the necessary business on the property.
If your loved one owned an interest in real property not owned in the name of the Trust, then the Trustee must file the appropriate affidavit. For example, if the property is held in joint tenancy, then the appropriate affidavit is an Affidavit of Death of a Joint Tenant.
A Preliminary Change of Ownership Report ("PCOR") must also accompany the affidavit of death. The PCOR notifies the county assessor that a change of ownership has occurred and depending upon who the property is transferred to, the property may be subject to a reassessment of the property tax.
If you have questions about the Affiavit of death, please call our office at (714) 282-7588 and one of our experienced estate planning attorneys at the Law Office of James F. Roberts & Associates, APC, will be pleased to walk you through this process.