As a California estate planning attorney with over 12 years of experience drafting and reviewing trust documents, I’ve prepared hundreds of affidavits of change of trustee in California (also called affidavit of successor trustee California) for clients, banks, title companies, and brokerage firms. Today, I’m giving you my battle-tested, attorney-drafted template completely free — along with step-by-step instructions so you can complete it correctly and avoid the most common (and expensive) mistakes.
Download the free California Affidavit of Successor Trustee template (Word & PDF) at the end of this article.
Important Disclaimer: This article and the downloadable template are for informational purposes only and do not constitute legal advice. Laws change, and your specific situation may require customization. Always consult a licensed California attorney or qualified professional before recording or relying on any legal document.
In California, when the original trustee of a revocable living trust can no longer serve (due to death, resignation, incapacity, or removal), the successor trustee named in the trust document typically steps in. To prove their authority to third parties — banks, title companies, stock transfer agents, etc. — the successor trustee almost always needs to provide an Affidavit of Change of Trustee (sometimes titled Affidavit of Successor Trustee or Affidavit of Death of Trustee and Succession of Successor Trustee).
This sworn statement, usually combined with a copy of the trust certification (California Probate Code §18100.5) and the trustee’s death certificate, satisfies Probate Code §§15600–15604 and allows the successor to act without court involvement.
Common situations that trigger the need for this affidavit:
Most financial institutions and county recorders will not accept a full copy of the trust (to protect privacy), so the affidavit + trust certification is the standard solution.
The authority for the affidavit comes directly from:
Source: California Legislative Information – Probate Code Division 9 (Trusts)
Click below to instantly download my 2025-updated template in both Microsoft Word (.docx) and PDF formats:
Download Affidavit of Change of Trustee California Template (Word)
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Follow these exact steps to avoid rejection by banks or title companies:
| Field | Example |
|---|---|
| Trust Name | The John and Jane Doe Revocable Living Trust dated January 15, 2010 |
| Settlor(s) | John Doe and Jane Doe |
| Original Trustee(s) | John Doe and Jane Doe |
| Event Triggering Change | John Doe died on March 5, 2025; Jane Doe resigned on April 1, 2025 |
| Successor Trustee | Michael Doe |
| Notary Block | California all-purpose acknowledgment |
In my practice, I see these errors constantly:
If the trust holds California real property and you need to sell or refinance, you must record a Preliminary Change of Ownership Report (PCOR) and often the Affidavit of Change of Trustee with the county recorder to avoid reassessment under Proposition 19 (parent-child exclusion rules still apply in many cases).
Source: California Board of Equalization – Proposition 19 Overview
No. The Certification of Trust (Probate Code §18100.5) proves the trust exists and names the current trustee. The Affidavit explains why the trustee changed. You almost always need both.
Yes — always. It is executed under penalty of perjury.
Usually yes if the successor trustee is now managing California assets, but check with local counsel.
Indefinitely, unless another trustee change occurs.
You are not required to hire one, but many clients retain counsel for high-value trusts or complex assets to avoid liability.
Having helped hundreds of California families transfer trust assets smoothly after a loved ones pass, I can tell you that a properly executed affidavit of change of trustee in California saves thousands in legal fees and months of delay. Download the free template below, follow the instructions, and you’ll be able to retitle bank accounts, investment accounts, and real estate with confidence.
Remember: This is a powerful document executed under penalty of perjury. When in doubt, consult a licensed professional.
Download your free 2025 California Affidavit of Successor Trustee template now:
→ Download Word Version | → Download PDF Version
Wishing you a smooth trust administration.
– [Your Name], Esq.
California Bar #XXXXXX
12+ Years Estate Planning & Trust Administration