Free Affidavit of Successor Trustee

Affidavit of Successor Trustee

An affidavit of successor trustee is used when a new individual takes over management of a trust after the original trustee has died, resigned, or become incapacitated. The affidavit confirms the successor’s authority to act on behalf of the trust, which is typically required before handling trust assets.

Last updated May 18th, 2025

An affidavit of successor trustee is used when a new individual takes over management of a trust after the original trustee has died, resigned, or become incapacitated. The affidavit confirms the successor’s authority to act on behalf of the trust, which is typically required before handling trust assets.

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When to Use

This affidavit is used when a trustee is unable to serve for reasons such as:

  • Death
  • Resignation
  • Legal removal or incapacity
  • Guardianship or conservatorship

Trust documents usually name the successor trustee; this affidavit activates that transition.

 

Also Known As

Depending on the context or state, this document may be referred to as:

  • Affidavit of Change of Trustee
  • Appointment of Successor Trustee
  • Affidavit of Appointment of Successor Trustee
  • Affidavit of Death of Trustee (when the original trustee has passed)

 

Where to File

Where you file or present the affidavit depends on the type of asset involved:

  • Real Estate: File with the local Registry of Deeds
  • Vehicles: Present at the Department of Motor Vehicles (DMV)
  • Stocks/Bonds: Contact the brokerage or use FS Form 4000 for U.S. savings bonds
  • Bank Accounts and Institutions: Provide directly to the financial institution holding trust assets.
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