Transfer to Successor Trustee or to the Beneficiaries.

When the trustee named in a living trust dies, title to trust property doesn’t simply vanish — the trust’s terms and California law control who steps in and how the real property is transferred. Below is a clear, practical guide to the two common scenarios (a named successor trustee steps in, or no successor trustee is available) and the typical steps to put title where it belongs.

1) If the trust names a successor trustee

When a successor trustee is named in the trust, that person (or entity) takes over the trustee duties immediately on the settlor’s death and can administer and transfer trust property under the trust terms.

Typical steps:

1. Get a certified death certificate. The recorder/title company will want a certified copy.
2. Prepare documentary proof of authority. The successor trustee usually records either a Certification of Trust or an Affidavit of Successor Trustee that states the trust exists, the successor trustee’s name, and the trustee’s powers (sales/conveyance powers). California’s statute authorizes using a Certification of Trust in lieu of providing the entire trust document. Have it notarized.
3. Execute the necessary conveyance. If the trust directs distribution of the real property to a beneficiary (or to the successor trustee in trust form), the successor trustee executes a Trustee’s Deed (or grant deed) conveying title to the named beneficiary or to the new trustee. The deed should recite the trust, identify the record deed, and be signed and acknowledged by the successor trustee.
4. Record the deed and supporting documents. Record the Trustee’s Deed with the county recorder where the property lies. Generally you should record: (a) the Trustee’s Deed, (b) the Certification of Trust or Affidavit of Successor Trustee, and (c) the certified death certificate. Some counties ask for a recorded “Affidavit of Death of Trustee” form; counties publish sample forms to assist you.
5. File county forms required by the recorder/assessor. Many counties require a Preliminary Change of Ownership Report (PCOR) and may assess documentary transfer taxes or claim exemptions depending on the distribution. Check county requirements before recording.

Result: If documents are properly prepared and recorded, title transfers according to the trust without probate.

2) If there is no named successor trustee (or successor declines/unavailable)

If the trust instrument does not name a successor, or if the named successor cannot or will not act, California law provides procedures to fill the vacancy — often without court involvement if beneficiaries agree.

Key options and steps:

• Follow the trust’s instructions. If the trust provides a method to fill a vacancy, follow it. If the trust names the person(s) to succeed, they step in.
• Beneficiaries may agree to appoint a trustee. If the trust does not specify and the beneficiaries are all adults, they frequently can agree to appoint a replacement trustee (including a corporate trustee) and document the appointment. California Probate Code allows beneficiaries to fill vacancies in many cases.
• Court appointment if no agreement or conflict. If beneficiaries disagree or if the vacancy-appointment rules don’t apply, a beneficiary or interested person may petition the probate court to appoint a trustee (this is more time-consuming and costly).

Once a trustee is validly appointed, follow the steps in Section 1 to convey and record title.

Practical issues to watch for

• Title company requirements. Title companies often require a Certification of Trust and evidence of death, and sometimes additional proof (e.g., copies of pertinent trust pages or a court order) before issuing title insurance or clearing title for sale or refinance.
• Notice and beneficiary rights. When a revocable trust becomes irrevocable at death, trustees generally must notify beneficiaries and certain interested parties about trust administration (statutory notice duties exist). Failure to follow notice requirements can create disputes.
• Recording practice varies by county. Many California counties provide sample “Affidavit of Death of Trustee” or “Affidavit of Successor Trustee” forms; follow local recorder instructions closely for attachments, indexing names, and fees.
• Tax and transfer-exemption questions. Some transfers from trust to beneficiary may be exempt from documentary transfer tax (e.g., certain transfers between spouses or to revocable trust beneficiaries); confirm with county assessor/recorder or an attorney.

Quick checklist for a successor trustee who needs to transfer real property

• Obtain certified copy of death certificate.
• Prepare and notarize a Certification of Trust or Affidavit of Successor Trustee (showing authority to convey).
• Draft and execute Trustee’s Deed (or other conveyance) per trust terms.
• Attach required exhibits (legal description, original deed reference).
• Record deed + Certification/Affidavit + death certificate with county recorder; file PCOR if required.
• Provide recorded documents to title company, mortgage lender, or beneficiaries as appropriate.

When to get legal help

If family members contest the trustee’s authority, if the trust language is ambiguous about successor appointment, or if there are competing creditor claims, hire a California trust & estate attorney. If beneficiaries cannot agree on an appointment, court proceedings may be necessary to resolve ownership and avoid future title defects.

Disclaimer: This blog is informational only. Khan Paralegal & Notary is not an attorney and cannot give legal advice. For advice specific to your trust, title issues, or contested matters, consult a licensed California attorney.