Post Death Trust Transfers for Trust Administration

  • You are the successor trustee. How do you transfer ownership of a timeshare out of the trust?
  • The transfer of a Hawaii timeshare out of a trust from a person who has died requires . . .
    • Affidavit death of trustee
    • Trust transfer deed out of the trust to the living heirs

These documents must be recorded with the Bureau of Conveyances

Real estate property held in trust by a person who has died can be transferred as directed in the trust without going through probate. The transfer often requires two documents; an affidavit death of trustee and a quit claim deed. The quit claim deed is from the trust to the beneficiaries of the trust.

Affidavit Death of Trustee: This document is a declaration, under oath, by the successor trustee. The successor trustee declares the owner has died and attaches a certified copy of the death certificate. The successor trustee further declares he or she is authorized to take control of the real estate property according to the terms of the trust.

The affidavit is filed with the county recorder or the Bureau.  It is now of public record the successor trustee has the authority to take control. Control is limited to what is directed by the trust. Typically, the trust directs the successor trustee to distribute the real estate property to specified persons.

Quit Claim Deed: The second step is preparing a quit claim deed from the trust to the beneficiaries of the trust or entering into a listing agreement for the sale of the real property. If sold, the proceeds from the sale of the real property are distributed to the persons identified in the trust and quit claim deed is not needed.

A quit claim deed does not contain any implied warranties. The successor trustee who “quit claims” real estate simple conveys whatever ownership interest the trust has along with any debt or loans secured by the property. The successor trustee makes no promises and the property is taken “as is.” A quit claim is the easiest and cheapest way to transfer ownership out of a trust.

Company Profile: This website is affiliated with DeedandRecord.com. Deed and Record is an online service to prepare quit claim deeds for real property transfers into or out of trusts, remove former spouses and add or remove co-owners.  The Company records deeds it has prepared with the appropriate government agency. Deed and Record does not offer legal advice or services.

The Company markets through websites, primarily DeedAndRecord.com.  The owner of the websites is Mark W. Bidwell, Attorney at Law and CPA Inactive. The office is located at 4952 Warner Avenue, Suite 235, Huntington Beach, California 92649. Phone number is 714-846-2888. Email is Mark@Deedandrecord.com.

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