Maricopa County Affidavit of Successor Trustee Form

Maricopa County Affidavit of Successor Trustee Form
Fill in the blank form formatted to comply with all recording and content requirements.

Maricopa County Affidavit of Successor Trustee Guide
Line by line guide explaining every blank on the form.

Maricopa County Completed Example of the Affidavit of Successor Trustee Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Additional Arizona and Maricopa County documents included at no extra charge:
Where to Record Your Documents
Recorder: Main Office
Address:
111 S Third Ave
Phoenix, Arizona 85003
Hours: 8:00 A.M. - 5:00 P.M. Monday - Friday
Phone: 602-506-3535
Southeast Office (Mesa)
Address:
222 E Javelina
Mesa , Arizona 85210
Hours: 8:00 A.M. - 5:00 P.M. Monday - Friday
Phone: 602-506-3535
Recording Tips for Maricopa County:
- Bring your driver's license or state-issued photo ID
- White-out or correction fluid may cause rejection
- Ask about their eRecording option for future transactions
- Recording fees may differ from what's posted online - verify current rates
- Bring extra funds - fees can vary by document type and page count
Cities and Jurisdictions in Maricopa County
Properties in any of these areas use Maricopa County forms:
- Aguila
- Arlington
- Avondale
- Buckeye
- Carefree
- Cashion
- Cave Creek
- Chandler
- Chandler Heights
- El Mirage
- Fort Mcdowell
- Fountain Hills
- Gila Bend
- Gilbert
- Glendale
- Glendale Luke Afb
- Goodyear
- Higley
- Laveen
- Litchfield Park
- Mesa
- Morristown
- New River
- Palo Verde
- Paradise Valley
- Peoria
- Phoenix
- Queen Creek
- Rio Verde
- Scottsdale
- Sun City
- Sun City West
- Surprise
- Tempe
- Tolleson
- Tonopah
- Tortilla Flat
- Waddell
- Wickenburg
- Wittmann
- Youngtown
How do I get my forms?
Forms are available for immediate download after payment. The Maricopa County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Maricopa County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Maricopa County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Maricopa County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Maricopa County?
Recording fees in Maricopa County vary. Contact the recorder's office at 602-506-3535 for current fees.
Have other questions? Contact our support team
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.
Important: Your property must be located in Maricopa County to use these forms. Documents should be recorded at the office below.
This Affidavit of Successor Trustee meets all recording requirements specific to Maricopa County.
Our Promise
The documents you receive here will meet, or exceed, the Maricopa 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
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February 25th, 2019
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December 23rd, 2020
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January 22nd, 2019
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