Minnesota Forms

Benton County Affidavit of Trustee for Non-testamentary Trust Form

Benton County Affidavit of Trustee Form

Benton County Affidavit of Trustee Form

Fill in the blank form formatted to comply with all recording and content requirements.

Document Last Validated 6/20/2025
Benton County Affidavit of Trustee Guide

Benton County Affidavit of Trustee Guide

Line by line guide explaining every blank on the form.

Document Last Validated 8/7/2024
Benton County Completed Example of the Affidavit of Trustee Document

Benton County Completed Example of the Affidavit of Trustee Document

Example of a properly completed form for reference.

Document Last Validated 6/5/2025

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Benton County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Benton County Recorder
Address:
531 Dewey St / PO Box 129
Foley, Minnesota 56329

Hours: 8:30 to 4:30 M-F

Phone: (320) 968-5037

Recording Tips for Benton County:
  • Ask if they accept credit cards - many offices are cash/check only
  • Ask about their eRecording option for future transactions
  • Avoid the last business day of the month when possible
  • Ask for certified copies if you need them for other transactions
  • If mailing documents, use certified mail with return receipt

Cities and Jurisdictions in Benton County

Properties in any of these areas use Benton County forms:

  • Foley
  • Gilman
  • Oak Park
  • Rice
  • Saint Cloud
  • Sauk Rapids

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Benton County

How do I get my forms?

Forms are available for immediate download after payment. The Benton County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Benton County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Benton County including margin requirements, content requirements, font and font size requirements.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Benton County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Benton County?

Recording fees in Benton County vary. Contact the recorder's office at (320) 968-5037 for current fees.

Questions answered? Let's get started!

An affidavit of trustee contains sworn statements made by a trustee and relating to a specific transaction involving real property contained by the trust. The affidavit of trustee for a non-testamentary trust is codified at Minn. Stat. 501C.1014, Subd. 1.

A non-testamentary trust, also called an inter vivos or living trust, is a trust that takes effect during a settlor's lifetime. A settlor is "a person, including a testator, who creates or contributes property to a trust" (Minn. Stat. 501C.0103(o)). The affidavit of trustee for a non-testamentary trust references a recorded certificate of trust, including the recording date and location, or states that the affidavit is attached to the certificate, and confirms that the certificate was executed by the affiant, another trustee, or the settlor of the trust described in the certificate and relating to the specific parcel of land described in the affidavit.

The affidavit must contain a full legal description of the property subject to the transaction for which the affidavit is presented. It references the trustee and other party involved in the transaction, and offers proof that the required number of trustees are entering the transaction and that those trustees are authorized under the trust instrument to act on the title to the real property held in the trust, and that there are no trust amendments that limit the power of the trustees.

The affiant confirms that the trust has not terminated and that the trust instrument has not been revoked, or that, if the trust has terminated, the transaction involving the real property is made pursuant to the provisions of the trust. If the trust is under court supervision, the affidavit provides the name and location of the court.

The affidavit of trustee must be signed by an acting trustee in the presence of a notary public and may be recorded separately or as an attachment to a certificate of trust under Minn. Stat. 501C.1013. Submit the instrument for recording with the county recorder, or registrar of titles in the case of registered land, in the county in which the real property described in the affidavit is situated.

Consult a lawyer with questions regarding affidavits of trustee or Minnesota trust law in general, as each situation is unique and trust law can quickly become complex.

(Minnesota AOT Non-testamentary Trust Package includes form, guidelines, and completed example)

Important: Your property must be located in Benton County to use these forms. Documents should be recorded at the office below.

This Affidavit of Trustee for Non-testamentary Trust meets all recording requirements specific to Benton County.

Our Promise

The documents you receive here will meet, or exceed, the Benton County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

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January 12th, 2023

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December 22nd, 2021

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April 28th, 2019

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June 17th, 2020

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December 28th, 2020

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