Affidavit of Succesor Trustee

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An affidavit of successor trustee is a sworn statement completed by an individual to take control over a trust, often after the original trustee’s death. It serves as proof that the successor trustee accepts their role and has the authority to manage trust. The affidavit must be notarized and submitted to the relevant authorities when required.

Affidavit of Succesor Trustee

An affidavit of successor trustee is a sworn statement completed by an individual to take control over a trust, often after the original trustee’s death. It serves as proof that the successor trustee accepts their role and has the authority to manage trust. The affidavit must be notarized and submitted to the relevant authorities when required.

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Last updated November 19th, 2024

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An affidavit of successor trustee is a sworn statement completed by an individual to take control over a trust, often after the original trustee’s death. It serves as proof that the successor trustee accepts their role and has the authority to manage trust. The affidavit must be notarized and submitted to the relevant authorities when required.

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When to Use

An affidavit of successor trustee is used when a trustee (an individual responsible for managing a trust) can no longer serve, such as in cases of incapacitation, death, or resignation. Once the affidavit is signed by the successor and notarized, it can be presented to the appropriate institutions and authorities.

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AFFIDAVIT OF SUCCESSOR TRUSTEE

STATE OF [STATE]
COUNTY OF [COUNTY]

1. AFFIANT. I, [AFFIANT NAME] (“Affiant”), being duly sworn, deposes and states under penalty of perjury that the foregoing is true and correct.

2. TRUST. The Trust is known as [TRUST NAME] (“Trust”).

    1. Type. The Trust is considered: (check one)
      ☐ – Revocable
      ☐ – Irrevocable
    2. Date. The Trust was signed on [MM/DD/YYYY].
    3. Tax ID Number. [TAX ID #] (if any)

3. SETTLOR(S). [SETTLOR NAME(S)] (“Settlor(s)”) with a mailing address of [SETTLOR ADDRESS].

4. PREVIOUS TRUSTEE(S). [PREVIOUS TRUSTEE NAME(S)] (“Previous Trustee(s)”) with a mailing address of [PREVIOUS TRUSTEE ADDRESS].

5. SUCCESSOR TRUSTEE(S). [SUCCESSOR TRUSTEE NAME(S)] (“Successor Trustee(s)”) with a mailing address of [SUCCESSOR TRUSTEE ADDRESS].

The Successor Trustee(s) recognize(s) they are currently acting on behalf of the Trust. The Trust has not been revoked, modified, or amended in any manner which would cause the representations contained herein to be incorrect.

The Successor Trustee(s) understand(s) that they may be required to provide copies of excerpts from the original Trust pertaining to the succession of the Successor Trustee(s).

6. AUTHORITY. The authority to act on behalf of the Trust requires:

☐ – One (1) Successor Trustee to sign.
☐ – [#] Successor Trustee(s) to sign.

7. POWERS. The Successor Trustee(s) have: (check one)

☐ – Full powers to sell, convey and to mortgage or encumber real and personal property under this Trust.
☐ – Limited powers to: [POWERS].

8. REAL ESTATE. The Trust includes: (check one)

☐ – No real estate.
☐ – Real estate with a legal description of: [PROPERTY DESCRIPTION].

9. EXECUTION. I, the Affiant, declare that this certificate has been examined by me and its contents are true and correct.

Affiant’s Signature: _____________________________ Date: ______________
Print Name: [AFFIANT NAME]

NOTARY ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

 

State of [STATE]
County of [COUNTY]

The foregoing instrument was acknowledged before me, [NOTARY PUBLIC NAME], on [MM/DD/YYYY], by the undersigned, [AFFIANT NAME], who is personally known to me or satisfactorily proven to me to be the person whose name is subscribed to the within instrument.

WITNESS my hand and official seal.

Signature: ________________________

(Seal)