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 the trust.

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 the trust.

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Last updated March 7th, 2025

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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 the trust.

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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 The Trust has not been revoked, modified, or amended in any manner which would cause the representations contained herein to be incorrect.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]

State of [STATE]
County of [COUNTY]

Subscribed and sworn to (or affirmed) before me on this [DAY] day of [MONTH], [YEAR], by [AFFIANT], proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

WITNESS my hand and official seal.

Signature: ________________________

My Commission Expires: _______________

(Seal)