To take control of real property the Successor Trustee must file an Affidavit Death of Trustee. This 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. It is now of public record the Successor Trustee has the authority to take control of the real property. 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.