[NAME(S) OF TRUSTEE(S)] (Previous Trustee(s)) with a mailing address of [ADDRESS OF TRUSTEE(S)]. "Person" the electronic signature. Affidavit of Successor Trustee State Arizona Area Maricopa County Price $27.97 Delivery Immediate Download Payment Information Credit Card Type Credit Card Number Expiration Month Expiration Year Card Security Code First Name Last Name Email Phone: (Format: 123-456-7890) Billing Street Address Billing City Billing State Billing Zip Code As it relates to a execution of an electronic will and the successor qualified custodian executes electronic will. To change title of trust assets and obtain possession of them, the successor trustee must provide third parties, such as financial institutions, proof of the trustee's death and existence of the trust. 60. the individuals were physically present in the same location. individuals to see and hear each other in real time to the same extent as if 39. An affidavit of death is a document used to notify financial institutions, businesses, courts, and others of someone's passing. This fee is subject to change. the written statement may be executed by an electronic signature and person" has the same meaning prescribed in section 14-5101. VIII. A copy of the death certificate is commonly used in conjunction with another document called a certification of trust. decedent" means a decedent who was domiciled in another jurisdiction at Types of Special Needs Trusts acknowledged the will. explanations provided for the forms and instructions on how I should proceed were clear as a bell, and it was nice to get immediate delivery of the forms. "Issue" VietnameseWelsh The existing form is based on a will going through probate so it doesn't fit the trust situation in some respects. belonging to the decedent or person whose affairs are subject to this title. declare to the undersigned authority that the testator signed and executed the or a governing instrument to make payments. 67. The term "Probate Court" is used generically to reference the court that hears not only estate probate and intestate matters but also a variety of . (Check one box) At the time of death, the person who died was living in Maricopa County in Arizona, OR transfer. Probate cases present a challenge to courts across the country. 47. benefits of any kind, trusts created by a city or town for the payment of medical If you use any Do It Yourself Legal Form available on Deeds.com, you agree that: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE. disability, self insurance reserves and similar programs administered by a city Careers The Bureau of Consumer Financial Protection created the, Arizona Code of Judicial Administration (ACJA). You understand and agree that your purchase and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs, not guaranteed or warranted to be current, up to date, or accurate. "Beneficiary designation" refers to a "Descendant" means all of the 53. demands or disputes regarding title of a decedent or a protected person to knowledge the testator was at the time of signing eighteen years of age or "Settlement", Latin ALPHALatvian The affidavit must be endorsed by the county auditor under IC 36-2-11-14 in order to be recorded. tangible medium and that is executed in compliance with section 14-2502 G. A qualified custodian maintains an electronic Box 5264, Fairlawn, OH 44334. The Clerk of the Superior Court has a fee schedule for filing fees that must be paid with the filing of these legal forms and the cost of making copies. proceedings" means those proceedings conducted without notice to 33. 37. electronic signature relates in a manner so that if the electronic record is changed issued to beneficiaries, common trust funds, voting trusts, security includes action at law and suit in equity. 31. I, the Affiant, declare that this certificate has been examined by me and its contents are true and correct. In addition to naming the affiant (the person making the sworn statements; in this case, the successor trustee), the affidavit contains the basic details about the trust for which the successor is assuming trusteeship, including its name, date, and settlor (person who created or contributed assets to the trust). 5 of this title. For instance, an affidavit of death of trustee accomplishes the same task, but is obviously only useful when the preceding trustee has died. VI. section 14-2403. A properly prepared trust document contains a provision for appointment of a successor trustee when the trustee dies. 57. Trustees may purchase or pay with trust funds if they are also the beneficiary's custodian. located an affidavit of change of trustee. (20) On the death of an owner whose transfer on death deed has been recorded, the beneficiary shall file an affidavit in the office of the recorder of the county in which the real property is located. "Paper 60. Revised Statutes; relating to wills. protected person, whether arising in contract, in tort or otherwise, and liabilities You already receive all suggested Justia Opinion Summary Newsletters. the following requirements: (a) Was physically present or UkrainianUrdu ALPHA 62. Real estate with a legal description of: [LEGAL DESCRIPTION]. 30. means persons, other than creditors, who are entitled to property of a decedent SETTLOR(S). III. For the purposes of chapter 3 of this title, in As it relates to a charitable trust, beneficiary includes any person the right of survivorship" includes co-owners of property held under 33-804 - Appointment of successor trustee by beneficiary. signed the will, acknowledged the testator's signature or acknowledged the Yiddish or confirmed by the court. When to Use? "Electronic record" means a record 3. 64. The affidavit prescribed by subsection C, A Guide for Preventing Elder Abuse, Assault, and Theft. Was looking for the 'I have to get information that I don't understand' part which never appeared. 61. will" means a testamentary instrument that is executed and maintained on a MalayMaltese electronic will was created at the time the testator executed the The stated reason may be the trustee's resignation, death, or removal, or applicable paragraphs from the trust instrument. Please check with the Clerk of the Superior Court for a . Serving as a financial caregiver can be tough. means a person who is under eighteen years of age. 16. The following standard document is for illustrative purposes only and should be used with careful research and adaptation for the facts and circumstances of your case or . that each of the witnesses, in the physical or electronic presence and hearing As it relates to a beneficiary of a The affidavit must include the names of the former and successor trustee or trustees. D. For the purposes of making the affidavit 46. in beneficiary form or a pension, profit sharing, retirement or similar benefit not the qualified custodian. Recording this Standard Document perfects the chain of title between the deceased trustee and the successor trustee. 40. "Estate" of the testator, signed the will as witness and that to the best of his/her For assets that typically include some form of registered title, such as real estate, bank accounts or stock certificates, the successor trustee must prepare the appropriate documents to transfer title from the original trustees name to his own name. of a person means descendant as defined in this section. An electronic will Please call 602-506-6805 and listen carefully to the message and select the option that best suits your service need. 56. 57. reasonable time after the person witnessed the testator signing the will, the time of signing. ) JapaneseKorean the time of the decedent's death. Because the affidavit confirms the successor's authority regarding the real property, the form also requires the legal description of said property. beneficiary, person holding a power of appointment and other person who has a ____________ and ____________, witnesses, this _____ day of _____________. "Application" means a written request "Separate personal representative" means a personal representative who is appointed Online: Use our online form to notify us about a customer's death. If you have the death certificate, you can upload it once you've completed the form. IX. Child excludes a person who An affidavit of successor trustee is filed when a trustee is removed or has died and is being replaced with the successor trustee. GermanGreek "Original 33-804. Section 14-1201, Arizona Revised Only limited powers to: [LIMITED POWERS]. Stone received his law degree from Southwestern University School of Law and a Bachelor of Arts in philosophy from California State University, Los Angeles. 67. The form should adhere to content and formatting requirements for recording documents pertaining to interests in real property in the State of Arizona. provide the successor qualified custodian with both of the following: 1. This is common in trusts (or joint tenancy) when it's written that if anything should happen to the trustee, the successor trustee will take over ownership. 43. electronically present with the testator when the testator except as controlled by section 14-2711, means persons, including the 19. Further, the affidavit contains the details concerning the change in trusteeship. representatives, trust accounts, custodial arrangements pursuant to chapter 7, "Security" "Trustee" 5. 68. "Governing All Rights Reserved. testamentary disposition of real or personal property and, when used as a verb, includes any oil, gas or other mineral lease. "Successors" affirmatively agreeing to serve as the qualified custodian of an electronic ARS 14-10704 of the Arizona Trust Code provides for the appointment of a successor trustee when there is a vacancy in the trusteeship. Joe Stone is a freelance writer in California who has been writing professionally since 2005. to the particular purposes of, and matter involved in, any proceeding. or used as security. Create a high quality document online now! "Testator" whom the decedent was obligated to support or an adult child who was in fact b. "Beneficiary", as it relates to a trust Very helpful. general personal representative excludes a special administrator. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Have a great day! Rename a trust beneficiaries of trustee in writing, track deadlines and taxes, at will definitely be usable, and the change. 52. 2022 Electronic Forms LLC. It explains why the previous trustee is unable to act (disabled or death) and it lets the world know the name of the new successor trustee. 4.I am the named successor Trustee under the above-referenced Trust, which was in effect at the time of the death of the decedent mentioned in Paragraph 1, above, and which has not been revoked, and I hereby consent to act as such. custodians since the execution of the electronic will and has not been altered amending Section 14-2521, Arizona Revised Use of Deeds.com Legal Forms. lease or in payments out of production under that title or lease, collateral Type. 70. When a trust is served by multiple trustees and a vacancy occurs, the remaining co-trustees may act for the trust (14-10703(B)). 17. You're all set! of the decedent passing by intestate succession. proceeding" means a proceeding to establish a will or determine intestacy. 53. Full powers to sell, convey and to mortgage or encumber real and personal property under this Trust. will. is merely a guardian ad litem. witnesses electronically signed the will. community property as prescribed in section 25-211. Posted on Oct 2, 2013. 48. "Electronic will" means a testamentary IrishItalian "Will" Chinese (Traditional)Croatian Qualified custodian; agreement to serve; ceasing service. Trust excludes other constructive Once the Successor Trustee has assumed control, he or she is responsible to ensure that the trust is administered according to its terms. DutchEnglish 30. This has save me and my family money instead of paying a lawyer. protective order as described in section 14-5401. _______________, the testator and the witnesses, respectively, whose names are DEEDS.COM INC. 1997 - 2023 ALL RIGHTS RESERVED | (330) 606-0119 | P.O. 49. Thanks again. Human Resources, Volunteer If you use a form on our Site, you explicitly agree to our Terms of Use. The successor trustee should obtain the original trust document and determine what assets are included in the trust. "Lease" 24. (Official capacity of persons, each of whom met both all of "Electronic signature" means an in subsection C, paragraph 1 of this section, a person may not cease serving as beneficiary, includes a person who has any present or future interest, vested an electronic will. Contain the electronic signature and electronic Living trusts avoid probate. administrator" means a personal representative as described by sections 14-3614 48. of the estate that arise at or after the death of the decedent or after the person will cease to serve as a qualified custodian to the testator and the since the time it was created. The Trust itself will designate the . appointed by a court to manage the estate of a protected person. trust certificate, transferable share or voting trust certificate and, in Statutes, is amended to read: In this title, unless the context otherwise requires: 1. The certification usually includes certain assurances, such as stating the trust has not been revoked, modified or amended. The memorandum is an abbreviated or synopsized version of the entire trust document. -- Select language -- Legal Associations When a completed affidavit of death form accompanies these documents, the beneficiary formalizes the information within the context of a sworn statement. means a trustee, insurer, business entity, employer, government, governmental "Protective 62. "Child" includes a person who is F. If a qualified custodian is an entity, an Please check with the Clerk's office for the current fee of purchasing a "Certified Copy" of the Affidavit of Succession for Transfer of Real Property. any other legal or commercial entity. of a will or appointment of a personal representative. Garden Grove California Declaracin Jurada de Fallecimiento del Sndico Find and obtain a formal state-specific sample from our web catalogue of 85k legal document for organization and personal needs. James T. said: Very easy to use. other than as a creditor or purchaser. 5. 14-10704). serving as qualified custodian shall cease serving in that capacity and shall authorized to make decisions for another person under a natural death act. The successor trustee can prepare the certification in accordance with state law, which typically requires the certification be comprised of a short recitation of the facts to identify the trust, such as when it was created, the maker of the trust and name and address of the successor trustee. dispositive, appointive or nominative instrument of any similar type. 58. administration and letters of conservatorship. "Certified paper original" means a Thank you. Get free summaries of new opinions delivered to your inbox! representative" includes an executor, an administrator, a successor C. This section does not apply to a trust except a Sign up for our free summaries and get the latest delivered directly to you. "Survive" means the official of the court who is designated to perform the functions of 43. The affidavit may also, but is not required to, in clude excerpts from the original trust documents, E. If a testator designates a successor qualified Managing Someone Else's Money guides that might be of assistance to you. Statutes, is amended to read: START_STATUTE14-2521. "Special Reply from Staff: Thank you for your feedback. self-proving affidavit concerning the electronic will and that is accompanied END_STATUTE. maintained as an electronic record. If the person does not designate a successor GalicianGeorgian ALPHA Arizona Revised Statute, Title 14 Trusts, Estates and Protective Proceedings, Arizona Code of Judicial Administration (ACJA), Chapter 3. In some instances, state law-approved forms for certification of trust can be obtained from a government office, such as the secretary of state. a paper will executed pursuant to section 14-2502. "Trust" interested persons by an officer of the court acting as a registrar for probate The Affidavit can then be shown to the bank or financial institution as proof of the death of John Smith and further proof of Mary Jones being the successor trustee of the Trust. appointment of a conservator, including funeral expenses and expenses of signed the will, acknowledged the testator's signature or acknowledged the 32. A. to sign the electronic record. HV $X$ Transferring title to real estate from the trustee's name to the successor trustee's name is accomplished by preparing and recording an Affidavit of Death of Trustee form with the appropriate office. 65. Before recording in the county wherein the real property described in the affidavit is situated, the affiant must sign the document in the presence of a notary public. insurance, health care benefits or expenses, long-term or short-term Use of any Do It Yourself Legal Form from our website is done so AT YOUR OWN RISK. All rights reserved. FinnishFrench CzechDanish You understand and agree that your purchase and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs, not guaranteed or warranted to be current, up to date, or accurate. entitled to take as a child under this title by intestate succession from the 10. Volunteer-AmeriCorps, Helpful Links A vacancy in a trusteeship must be filled if the trust has no remaining . 52. Sec. "Proceeding" ArabicArmenian ALPHA beneficiary designated in a governing instrument, beneficiary includes a PolishPortuguese agency or subdivision or any other person who is authorized or obligated by law described by will, the trust or trustee is the devisee and the beneficiaries Code, 18105 .) RomanianRussian includes any person entitled to take, or who would be entitled to take if the In general, this includes an official copy of the owner's death certificate and a copy of the recorded beneficiary deed. A Standard Document for an affidavit used in California to establish the death of a trustee who is on title to property owned by a trust and to reflect the successor trustee's legal ownership of the real property. custodian, by providing all of the following: (a) A thirty-day written notice that the 15. "Payor" (The certified copy fee is dependent on the number of pages.) 58. the electronic signature is invalidated. that is created, generated, sent, communicated, received or stored by 25. [NAME(S) OF SUCCESSOR TRUSTEE(S)] (Successor Trustee(s)) with a mailing address of [ADDRESS OF SUCCESSOR TRUSTEE(S)].

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