Scott County Affidavit of Trustee for Non-testamentary Trust Form
Last validated December 2, 2025 by our Forms Development Team
Scott County Affidavit of Trustee Form
Fill in the blank form formatted to comply with all recording and content requirements.
Scott County Affidavit of Trustee Guide
Line by line guide explaining every blank on the form.
Scott County Completed Example of the Affidavit of Trustee Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Minnesota and Scott County documents included at no extra charge:
Where to Record Your Documents
Scott County Recorder
Shakopee, Minnesota 55379
Hours: 8:00am to 4:30pm M-F
Phone: (952) 496-8150
Recording Tips for Scott County:
- Ensure all signatures are in blue or black ink
- Documents must be on 8.5 x 11 inch white paper
- Recorded documents become public record - avoid including SSNs
- Avoid the last business day of the month when possible
- Make copies of your documents before recording - keep originals safe
Cities and Jurisdictions in Scott County
Properties in any of these areas use Scott County forms:
- Belle Plaine
- Elko
- Jordan
- New Market
- New Prague
- Prior Lake
- Savage
- Shakopee
Hours, fees, requirements, and more for Scott County
How do I get my forms?
Forms are available for immediate download after payment. The Scott 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 Scott County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Scott 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 Scott 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 Scott County?
Recording fees in Scott County vary. Contact the recorder's office at (952) 496-8150 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 Scott 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 Scott County.
Our Promise
The documents you receive here will meet, or exceed, the Scott 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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July 15th, 2021
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