Transfer of Estate Planning Documents

The State Bar now offers a Transfer of Estate Documents (TED) service to members. This service began in 1994, as a result of legislation, AB 209 (Horcher).

If the attorney is deceased, lacks legal capacity or is no longer an active member of the State Bar, original estate planning documents in his/her custody may be transferred to another attorney or to the Superior Court clerk of the county of the client's last residence. The information that such a transfer has occurred may be listed with the Membership Records Department of the State Bar.

For purposes of this service, estate planning documents are defined as:

a signed original will, declaration of trust, trust amendment, or other document modifying a will or trust; a signed original power of attorney;
a signed original nomination of conservator; and any other signed original instrument that the attorney and depositor agree in writing to make subject to this part.

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