In a Sale
What This Means When the House Is Being Sold
This is the person whose signature title actually needs once a trust's original trustee, often the person who created it, is no longer able to serve. The transition should be documented, typically through a certification of trust reflecting the change, or sometimes a certificate of incumbency, rather than simply assumed based on family understanding of who was next in line.
Trusts frequently name a sequence of potential successors, and confirming exactly where in that sequence the currently acting person falls, and that everyone earlier in line has actually declined, resigned, or is unable to serve, matters more than families often expect. A title company will generally want to see this chain of authority documented clearly rather than taking a family's word for it.
Where more than one successor trustee is named to serve together, whether they must act jointly or may act independently depends entirely on the specific trust language, and that question needs answering before a listing agreement or a deed can be properly signed.
Sequence
What Usually Happens
- 1The original trustee dies, resigns, or becomes incapacitated
- 2The trust document is reviewed to identify the named successor
- 3Documentation confirming the transition is prepared, often a certification of trust
- 4The successor trustee's authority is established for title purposes
- 5The successor trustee can then act, including listing and selling trust property
Compare
Not to Be Confused With
- This TermSuccessor Trustee
- Often Mistaken ForTrustee
- Often Mistaken ForCo-Trustee
- Often Mistaken ForCertification of Trust
What Tells Them Apart
Trustee is the general role. Successor Trustee specifically describes someone stepping into that role after another trustee, often the original one, stops serving. Co-Trustee describes two or more people serving simultaneously rather than in sequence. Certification of Trust is typically the document confirming exactly who currently holds successor trustee authority.
Questions
Questions People Ask
How does a successor trustee prove they have authority to sell trust property?
Typically through a certification of trust, sometimes alongside a certificate of incumbency, documenting the transition and confirming who is currently serving. Title companies generally want this documented clearly rather than relying on a family's account of who was next in line to serve.
What if the first successor trustee named in the trust cannot serve?
Most trusts name a sequence of potential successors, so the role generally passes to the next person in that line. Confirming that everyone earlier in the sequence has actually declined, resigned, or is unable to serve is part of establishing the current trustee's authority for title purposes.