Affidavit of Successor Trustee Form

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Updated December 05, 2021

An affidavit of successor trustee is filed when a trustee is removed or has died and is being replaced with the successor trustee. This is common in trusts (or joint tenancy) when it’s written that if anything should happen to the trustee, that the successor trustee will take over ownership.

When to Use?

Use when the trustee has been removed for any reason, including:

  • Death;
  • Resignation;
  • Incompetency;
  • Guardianship; or
  • Any reason for removal of the trustee.

Where is it Filed?

Sample

Download: Adobe PDF, MS Word, OpenDocument

How to Write

Download: Adobe PDF, MS Word, OpenDocument

Introduction

(1) County And State Of Notarization. Normally, the Notary Public that is obtained for this document’s execution will note the State and the County where the Affiant signs his or her name. If, however, the Notary Public allows or prefers this paperwork to be prepared with such information, then this information may be produced (only) under the Notary Public’s instruction.

I. Affiant

(2) Affiant Name. The Successor to the Trustee must make this affidavit and be named as its author in the first article. Produce the full printed name of the Successor Trustee where requested.

II. Trust

(3) Trust Name. It is crucial to the function of this paperwork that the trust being discussed is properly named. Document the full name of the trust as it appears on the books (i.e. Financial Institutions, I.R.S., etc.).

(4) Type. The trust may be considered “Revocable” and easily terminated by its Settlors or it may be “Irrevocable” and considered durable for its lifespan. Indicate which best defines the concerned trust by selecting the first checkbox to establish that the trust is “Revocable” or by marking the second checkbox to classify it as “Irrevocable.”

(5) Date. The signature date found on the paperwork establishing the trust and putting it in effect must be transcribed to Statement (B). 

(6) Tax ID Number. The identification number assigned by the I.R.S to this trust should be documented.

III. Settlor(s)

(7) Settlor Name(s). The full name of every Settlor of the trust this document discusses must be presented in the third article. An attachment may be necessary to produce the full roster. If so,  make sure this attachment is properly titled then kept with this document at all times before and after it is signed.

(8) Mailing Address. Every Trust Settlor identified by name must also be easily located. Produce each one’s mailing address as requested by the third article.

IV. Previous Trustee(s)

(9) Previous Trustee Identity. The Previous Trustee may be one or more of the Trustees originally named as such or a Successor who has replaced the original Trustee. Since this declaration concerns the current Successor, furnish the complete name of the Trustee the Affiant will replace to the area available in the Fourth Article regardless of whether the Previous Trustee was originally placed or inherited this role.

(10) Mailing Address Of Previous Trustee.

V. Successor Trustee(s)

(11) Name Of Successor Trustee. The Affiant must be attached to the role of the Successor Trustee. This is the only way he or she can graduate from a Successor Trustee to the Trustee who has the authority to take the granted actions with the concerned trust. His or her name will be required to complete Article V. Bear in mind, the signing of this document by the Affiant will signify his or her adoption of every declaration it makes including that in the Fifth Article. Therefore, if more than one Affiant must make this declaration as a Successor to the Previous Trustee,  then either each one must be named to this role in this article or a separate affidavit must be prepared for each. Identify each Affiant as the Successor Trustee who will acknowledge his or her role by signature in the space provided by the Fifth Article. If needed, an attachment with the full name of each Affiant (Successor Trustee) may be developed. A Successor Trustee of this trust only become an active Trustee after this paperwork is properly completed and filed. Until this action, he or she will continue to be referred to as the Successor Trustee(s).

(12) Mailing Address Of Successor Trustee.

VI. Authority

(13) Trustee Authority. The level of authority the Trust grants to the Successor Trustee(s) should be clearly defined. Article VI will require that the predetermined level of trust authority is documented. If only one Successor or one of the Successor Trustees’ approval or use of authority is needed to take action with the trust then mark the first checkbox in Article VI.

(14) Co-Successor Authority. If more than one Successor Trustee must provide signature approval to actions taken with the trust before they may be taken, select the second checkbox statement in the sixth article. Additionally, a report on the number of Successor Trustees whose signature will be needed to authorize actions with the trust must be documented where requested. 

VII. Powers

(15) Successor Trustee Full Authority. In addition to how trust actions must be authorized by the Successor Trustees, the actions that may be engaged must be defined as well. If the Successor Trustee’s authorizations and management powers can be utilized to effect all allowable actions by the trust, then the first checkbox statement must be selected from the Seventh Article.

(16) Limited Successor Trustee Authority. Select the second statement made in Article VII if only certain decisions and/or actions can be authorized or engaged by the Successor Trustee(s). If making this selection, also provide a description of what powers have been authorized for the Successor Trustee(s) to use when needed. This should be a full description of allowable actions with the trust including any that may only be engaged under specific conditions. An attachment with this description may be made if needed.

VIII. Real Estate

(17) No Real Estate. In some cases, one or more real properties or real estate may be considered part of the trust. If the concerned trust does not contain any real estate, then deliver a checkmark to the first checkbox definition of Article VIII.

(18) Trust Real Estate. If real estate will be considered part of the trust, then the second checkbox definition must be selected from Article VIII and the legal description of the concerned real property should be delivered to the area provided by this selection. If more than one piece of real estate will be involved, then furnish the legal description of each one to an attachment that is titled properly and identified as an attachment to this article in the space provided.

IX. Execution

(19) Affiant’s Signature. As mentioned above, every Affiant identified in the first article will only be able to act as such by signing his or her name. This signature should be produced only after a thorough review of both this declaration and the concerned trust. Furthermore, this signature action must be performed before a qualified Notary Public. If more than one Affiant will satisfy these requirements then insert additional signature lines or continue the signature process in an attachment (under the direction of a Notary Public).

(20) Affiant Printed Name.

(21) Signature Date. The calendar date that identifies the day the Affiant(s) signed his, her, or their names must be documented at the time of signing.

Notary Acknowledgment

(22) Notary Verification. The notarization requirement this document makes can only be satisfied by a licensed Notary Public who is qualified to certify the identity of the Affiant and testify to the act of the Affiant’s signature execution.