[CA] Who should be listed as trustee on a Certificate of Trust after the settlor dies?

Lexi, Chatbot

I understand how important this is. Was the trust created and executed under California law?

Lexi, Chatbot

Has the settlor passed away, or is the settlor still living?

Lexi, Chatbot

Is there anything else the estate lawyer should know before I connect you?

Angelo M

When a settlor of a revocable trust passes away in California, the trust becomes irrevocable by operation of law (California Probate Code § 15400). A Certificate of Trust is commonly used to confirm the trust’s existence and the trustee’s authority without disclosing the full trust. In Los Angeles County, the certificate must comply with California Probate Code §18100.5 and should identify the trust name, date, current trustee, and trustee powers.

For post-death use, the certificate should state that the settlor is deceased, that the trust is now irrevocable, and name the successor trustee. It’s also common to attach a death certificate when presenting the document to banks or recording offices. If real property is involved, the certificate should be notarized in recordable form and match the trust name exactly as it appears on title.

Angelo M

Yes, that’s acceptable. In California, the affiant signing the Certificate of Trust is often the acting trustee. As long as the document clearly states that you are the successor trustee, a single signature block is fine. You can label it “Affiant / Successor Trustee” to avoid confusion.

An “acknowledgment page” refers to the notary acknowledgment required for recording. This is a separate notarial certificate where the notary confirms your identity and signature in your capacity as trustee, using the standard California acknowledgment format under Civil Code §1189.

And yes — you should list both dates. For example: “The Trust was originally executed on June 23, 2003, and modified by the First Amendment and Complete Restatement dated September 15, 2021.”

Angelo M

You should list yourself as the current “Trustee.” Once the settlor passes, the original trustee’s authority ends and the successor trustee becomes the acting trustee by operation of law. The Certificate of Trust should reflect the current authority — that’s its purpose.

A clear way to phrase it would be:
“The current acting trustee of the Trust is the successor trustee, with a mailing address of [address]. The original settlor and trustee is deceased.”

This wording aligns with California Probate Code §18100.5 and is typically accepted by Los Angeles County recorders, title companies, and financial institutions.