Affidavit of Death of Trustee: Definition and How It Works in California

By Eric Ridley, attorney, Ridley Law. Updated September 2026.

An affidavit of death of trustee is a sworn form a successor trustee records with the county, along with a certified copy of the death certificate, to show that the prior trustee has died so the successor can deal with trust real property.

How it works in California

For the mechanics of preparing and recording this specific form, see affidavit of death of trustee in California. Prob. Code, §§ 210-212 set out the contents: a description of the real property, an affidavit from someone with knowledge of the facts, and an attested or certified copy of the death record.

A successor trustee’s authority to act comes from the trust instrument and from the prior trustee’s death or incapacity, not from recording this affidavit. California doesn’t require that the affidavit be recorded, but title companies and county records won’t reflect the change in trustee until it is, so a successor trustee who wants to sell or refinance trust real property records the affidavit as a practical matter, even though nothing in the statute forces the timing.

Why it matters

For example, a successor trustee steps in after the original trustee dies and continues paying the trust’s bills and collecting rent from a trust-owned duplex without recording anything. When she later tries to sell the duplex, the title company asks for the recorded affidavit before it will insure the sale, because the public record still shows the deceased trustee as the person who holds title for the trust.

Common mistakes

Assuming the trust document alone is enough to satisfy a title company or escrow, without also recording the affidavit. Recording the affidavit without an accompanying certified death certificate or an adequate legal description of the property. Using this form for property the decedent owned individually, outside the trust, when a different procedure applies.

Related terms

• Successor Trustee: the person whose authority this affidavit documents.
• Affidavit of Death of Joint Tenant: the equivalent form used when property is held in joint tenancy instead of a trust.
• Trust Administration: the broader process of settling a trust after the settlor’s death, of which this affidavit is one step.

Part of the California estate planning glossary. For the full treatment, see Affidavit of Death of Trustee in California.