Apache County Affidavit of Successor Trustee Forms (Arizona)
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Form Package
Affidavit of Successor Trustee
State
Arizona
Area
Apache County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Apache County specific forms and documents listed below are included in your immediate download package:
Affidavit of Successor Trustee Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 4/1/2024
Affidavit of Successor Trustee Guide
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 2/22/2024
Completed Example of the Affidavit of Successor Trustee Document
Example of a properly completed form for reference.
Included document last reviewed/updated 2/14/2024
Included Supplemental Documents
The following Arizona and Apache County supplemental forms are included as a courtesy with your order.
Frequently Asked Questions:
How long does it take to get my forms?
Forms are available immediately after submitting payment.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Arizona or Apache County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
How do I get my forms, are they emailed?
Forms are NOT emailed to you. Immediately after you submit payment, the Apache County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
What type of files are the forms?
All of our Apache County Affidavit of Successor Trustee forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Can the Affidavit of Successor Trustee forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Apache County that you need to transfer you would only need to order our forms once for all of your properties in Apache County.
Are these forms guaranteed to be recordable in Apache County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Apache County including margin requirements, content requirements, font and font size requirements.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Areas Covered by These Affidavit of Successor Trustee Forms:
- Apache County
Including:
- Alpine
- Chambers
- Chinle
- Concho
- Dennehotso
- Eagar
- Fort Defiance
- Ganado
- Greer
- Houck
- Lukachukai
- Lupton
- Many Farms
- Mcnary
- Nazlini
- Nutrioso
- Petrified Forest Natl Pk
- Red Valley
- Rock Point
- Round Rock
- Saint Johns
- Saint Michaels
- Sanders
- Springerville
- Teec Nos Pos
- Tsaile
- Vernon
- Window Rock
What is the Arizona Affidavit of Successor Trustee
To transfer real property in a living trust from a trustee to a successor, the successor trustee executes and records an affidavit of successor trustee. The document contains sworn statements confirmed in the presence of a notary public, and provides notice that the successor has assumed the authority of the preceding trustee relevant to real property held in trust.
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).
The form also requires information about the deed transferring the subject real property into trust, including the type and date of the deed, its location on record, and the grantee of the deed. The grantee is generally the preceding trustee who held title to the property. Because the affidavit confirms the successor's authority regarding the real property, the form also requires the legal description of said property. Further, the affidavit contains the details concerning the change in trusteeship.
It is not uncommon that an affidavit of successor trustee be referred to by a different name. For instance, an affidavit of death of trustee accomplishes the same task, but is obviously only useful when the preceding trustee has died. But what happens when the trustee has resigned, or another circumstance, such as removal, prevents the trustee from serving?
When a trust is served by multiple trustees and a vacancy occurs, the remaining co-trustees may act for the trust (14-10703(B)). However, Arizona statutes require a vacancy in individual trusteeship to be filled (and therefore, an affidavit of successor trustee to be recorded) in the following six cases: when a designated trustee rejects the trusteeship; when the designated trustee cannot be identified; when the trustee resigns; when the trustee is disqualified or removed; when the trustee dies; or when a guardian or conservator is appointed for an individual serving as a trustee (Ariz. Rev. Stat. 14-10704). Statutes provide the court with authority to appoint a trustee when "necessary for the administration of the trust," regardless of a vacancy ( 14-10704(E)).
A successor trustee may be designated in the original trust document (the instrument a settlor uses to establish a trust), or filled in the order provided for by statute: 1) by a person who is appointed by a person who has authority in the trust instrument to appoint a successor trustee; 2) by a person appointed by unanimous agreement of the qualified beneficiaries; and, finally, 3) by a person appointed by the court ( 14-10704(C)). (Note: this applies to noncharitable trusts only.)
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. The form should adhere to content and formatting requirements for recording documents pertaining to interests in real property in the State of Arizona.
Contact a lawyer with questions.
Our Promise
The documents you receive here will meet, or exceed, the Apache County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Apache County Affidavit of Successor Trustee form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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