Title of Real Property upon the First to Die

Is there anything that needs to be done with mom and dads’ real property, titled in the name of the family trust, upon the first death?

Yes, the survivor should file with the County Recorder where the real property is located, an Affidavit of Death of Trustee form. You may download the form on the Counties website. This is a one page form, relatively easy to fill out. In addition, a Change in Ownership Statement Death of Real Property Owner should be filed as well. This form is also available at the County’s website.

A certified copy of a Death Certificate must be attached to the Affidavit of Death of Trustee form.

The form must also be accompanied by a Jurat. You may download this form as well or get it from a Notary Public, who will have to witness you signing the Affidavit of Death of Trustee Form in addition to stamping the Jurat.

Finally, a Preliminary Change of Ownership Form must accompany the Affidavit of Death of Trustee form as well. Each County has their own version of the form and may also be downloaded from respective County Recorder websites.

There will be a fee and these fees differ from county to county.