Information to Successor Trustee Following Death of Grantor

Information to Successor Trustee Following Death of Grantor

Authored by Kristin Gifford

To administer the Trust upon the death of a Grantor, the following are duties required of the Successor Trustee:

  1. File the Deceased Grantor’s Original Last Will and Testament with the Clark Country Clerk’s office within 30 days of the date of death.
  2. Prepare and record an Affidavit of Successor Trustee and Certification of Trust, Certificate of Incumbency, or similar document in each county where any of the Trust’s real property is located. You will need a certified copy of the Deceased Grantor’s death certificate attached to each.  This document will show the authority of the Successor Trustee(s) to act on behalf of the Trust.
  3. Prepare and provide an Affidavit of Successor Trustee and Certification of Trust, Certificate of Incumbency, or similar document to all financial institutions where Trust assets are held. You will need a certified copy of the Deceased Grantor’s death certificate attached to each.  This document will show the authority of the Successor Trustee(s) to act on behalf of the Trust.
  4. A notice to creditors should be published and mailed to all known creditors who could make a claim against the Trust. The Notice to Creditors will be published and allow creditors 90 days within which to file a claim against the Trust.
  5. Prepare a detailed inventory of all assets owned by the Grantor(s) and the Trust, including any lien or encumbrance such as a mortgage. This list will include life insurance policies, IRAs and other retirement accounts, art, jewelry, automobiles, etc.  If any assets were not transferred to the Trust, a Court proceeding may be necessary.
  6. If the value of the Estate is in excess of $13.61M for 2024, a federal estate tax return may need to be filed and important tax elections and allocations may be necessary.
  7. Additional administration of the Trust including the creation of funding of subtrusts may be necessary.

The above list is not exhaustive and will be case specific.  Therefore, upon the death of a Grantor, Lobb & Plewe, LLP recommends that you speak with an attorney as soon as possible.

Lobb & Plewe, LLP
10785 W Twain Avenue, Suite 250
Las Vegas, NV 89135
702-622-8451

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Information to Successor Trustee Following Death of Grantor

Authored by Kristin Gifford

To administer the Trust upon the death of a Grantor, the following are duties required of the Successor Trustee:

  1. File the Deceased Grantor’s Original Last Will and Testament with the Clark Country Clerk’s office within 30 days of the date of death.
  2. Prepare and record an Affidavit of Successor Trustee and Certification of Trust, Certificate of Incumbency, or similar document in each county where any of the Trust’s real property is located. You will need a certified copy of the Deceased Grantor’s death certificate attached to each.  This document will show the authority of the Successor Trustee(s) to act on behalf of the Trust.
  3. Prepare and provide an Affidavit of Successor Trustee and Certification of Trust, Certificate of Incumbency, or similar document to all financial institutions where Trust assets are held. You will need a certified copy of the Deceased Grantor’s death certificate attached to each.  This document will show the authority of the Successor Trustee(s) to act on behalf of the Trust.
  4. A notice to creditors should be published and mailed to all known creditors who could make a claim against the Trust. The Notice to Creditors will be published and allow creditors 90 days within which to file a claim against the Trust.
  5. Prepare a detailed inventory of all assets owned by the Grantor(s) and the Trust, including any lien or encumbrance such as a mortgage. This list will include life insurance policies, IRAs and other retirement accounts, art, jewelry, automobiles, etc.  If any assets were not transferred to the Trust, a Court proceeding may be necessary.
  6. If the value of the Estate is in excess of $13.61M for 2024, a federal estate tax return may need to be filed and important tax elections and allocations may be necessary.
  7. Additional administration of the Trust including the creation of funding of subtrusts may be necessary.

The above list is not exhaustive and will be case specific.  Therefore, upon the death of a Grantor, Lobb & Plewe, LLP recommends that you speak with an attorney as soon as possible.

Lobb & Plewe, LLP
10785 W Twain Avenue, Suite 250
Las Vegas, NV 89135
702-622-8451