Legal Question in Real Estate Law in California

You would need to have the trust document reviewed to determine what you can and cannot do and how it needs to be done. If your mother had any other assets outside the trust, those need to be probated. If she had a pour over will that moved other assets to the trust upon her death, title to those assets will also need to be updated. I recommend you contact a qualified estate planning attorney in your area.

Your starting point is a certified copy of her death certificate from the county. The following three paragraphs are copied-and-pasted from the official Web site:

"The Riverside County Office of Vital Records holds records for birth and death events that occurred within the County of Riverside.

"Our office issues certified copies of certificates for births and deaths that occurred in Riverside County during 2009 and 2010. To obtain certified copies of birth or death certificates for 2008 or earlier, you will need to contact the County of Riverside Assessor-County-Clerk-Recorders at riverside.asrclkrec.com or by telephone at (951) 486-7000.

"WHAT YOU SHOULD KNOW: Law on certified copies

As of July 1, 2003, California State Law (SB 247) changed the process in which certified copies are issued. This law was passed in order to protect against identity theft. In short the law states that:

�...if a certified copy is ordered by mail we will require a notarized sworn statement unless an information copy is desired in which case we will not require a notarized sworn statement..�

Here are further instructions:

The Riverside County Office of Vital Records only holds death certificates in which death occurred within the county of Riverside during the current year or the previous year.

We are located at 4065 County Circle Drive Room 103, Riverside, CA 92503; we will require the following information prior to issuing the certified copy of death.

The decedent�s name

The date of death

The place of death

The name of the mortuary or cremation society that handled the services

Please be prepared to show picture identification when requesting a certified copy from our office.

The fee for a death record search or certified copy is: $12.00

California Health and Safety Code, Section 103650 states a fee must be collected before a search is made whether or not the record is found.

We accept cash, personal checks, money orders, Visa and Master Card. If paying by personal check, you must have proper identification and pre-printed check holder�s information such as name and complete physical address.

FORMS & INSTRUCTIONS

Please be prepared to show picture identification when requesting a certified copy from our office.

If you need to speak with a Vital Records staff member, please call (951) 358-5068 or e-mail us.

I suggest you get about three certified copies, as others may require one. You will also need copies of her entire trust, as signed, showing you as successor trustee.

If the attorney who assisted her in preparing the trust is identifiable, and still practices law, he or she might be a logical starting point for assistance in administering the trust and transferring assets out of the trust, as well as collecting the rent and paying the mortgage. Or, find another attorney whose practice includes administration of estates or probate matters.

I don't think anyone answered your central question.

Depending on the terms of the trust, the trustee can distribute property in the trust after the trustor dies. If you are a named beneficiary, or are specifically designated to receive the property, the trustee would execute a deed, conveying title to the property to you.

The trust instrument has to be followed, and all last debts of the trustor must be paid prior to any distributions.