Legal Question in Wills and Trusts in California
what procedure is required to transfer real estate from a living trust to a beneficiary of the living trust
3 Answers from Attorneys
Before a notary, the trustee would sign a quitclaim or grant deed in favor of the beneficiary and record it with the county recorder. Then, the trustee would provide the keys to the beneficiary.
if the current trustee is not the original trustee (who took title to the property), before the deed is recorded, it will also be necessary to record an affidavit of successor trustee or of death of trustee.
To consolidate: It first depends on if the original Settlor (creator) of the trust is still alive or not. If so, then they can just transfer the property to the beneficiary with the assistance of a Notary. If they have passed, then there should be a successor trustee named in the trust instrument. This person needs to file an affidavit letting the assessor know that the original Settlor has passed away and they are assuming control of the trust under the terms of the trust itself. Then, this person can transfer the property to the beneficiary (of course, this is providing that the beneficiary is named in the trust to receive the real property in question).
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