Service for transfer of estate documents

The State Bar offers a Transfer of Estate Documents (TED) service to members that allows the transfer of original estate planning documents under certain circumstances. If an attorney is deceased, lacks legal capacity or is no longer an active member of the State Bar, original estate planning documents in his or 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 bar’s membership records department.

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 the transfer service.

A TED form can be found at calbar.ca.gov > Member Services > Bar Member Billing & Records > Estate Planning Transfer. The form and a list of depositors should be mailed to The State Bar of California, Membership Records, 180 Howard St., San Francisco, CA 94105. No original documents or copies should be filed with the bar.