The affidavit of trustee for real property transactions is codified at Minn. Stat. § 501C.1014. It contains sworn statements made by a trustee regarding the trust which they are representing and their authority to enter into the transaction affecting the real property described in the affidavit.
There are two types of affidavit of trustee for use determined by the classification of the trust: testamentary trusts and non-testamentary trusts. Testamentary trusts take effect upon the death of the testator, the equivalent of the settlor of the testamentary trust, according to the terms set out in the testator’s last will and testament. Non-testamentary trusts are also called inter vivos trusts, or living trusts, and take effect during the settlor’s lifetime.
An affidavit for a testamentary trust requires the name of the decedent and the dates of the decedent’s will and death. It references the instrument or decree through which the trustee gained trusteeship, including the instrument’s date, document number, and recording location.
An affidavit for non-testamentary trust contains either a reference to the recorded certificate of trust, including the recording date, document number, and book and page number, or a statement that the affidavit is attached to the certificate.
In effect, the affidavit offers proof that the trust described within is valid and the trust instrument has not been terminated or revoked, or that the conveyance for which it is being presented falls under the provisions of the trust if the instrument has been terminated or revoked (Minn. Stat. § 501C.1014, Subd. 3 (1-2)). It verifies that the trustee’s powers “extend to the real property described in the affidavit” and that the powers of the trustee relating to real property have not been limited by amendment to the trust (§ 501C.1014, Subd. 3 (3-4)).
The document contains the name and address of each current trustee, and offers proof that the required number of trustees executed the instrument for which it is being presented (§ 501C.1014, Subd. 3 (5)). The affidavit references the date of and both parties to that instrument, along with the full legal description of the real property subject to the transaction.
Finally, the affidavit makes reference to any court approval obtained for the transaction, including the specific court and county and state of jurisdiction (§ 501C.1014, Subd. 3 (6)).
As with all other documents affecting real property in the State of Minnesota, the affidavit requires a prepared by statement including the name and address of the person who completed the document, as well as an address of the person to receive the recorded document.
Record the affidavit as a separate document or as an attachment to the certificate of trust under Minn. Stat. § 501C.1013. Depending on the status of the land described in the affidavit, submit the completed document either to the county recorder or the office of the registrar of titles (registered land) for the county wherein the land described in the affidavit is situated.
Available Minnesota Affidavit of Trustee Documents:
- Minnesota Affidavit of Trustee for Testamentary Trust Form
- Minnesota Affidavit of Trustee for Non-testamentary Trust Form
Consult a lawyer with questions regarding affidavits of trustee, certificates of trust, or Minnesota trust law in general, as each situation is unique and trust law can quickly become complex.