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Affidavit of Trustee Form - Winona County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/25/2020
Affidavit of Trustee Guide - Winona County
Line by line guide explaining every blank on the form.
Included document last updated 9/10/2020
Completed Example of the Affidavit of Trustee Document - Winona County
Example of a properly completed form for reference.
Included document last updated 9/23/2020
*The Following Minnesota and Winona County supplemental forms are included as a courtesy with your order.
Certificate of Real Estate Value
Buyers of real property must file this form if its sale price (or other consideration) is more than $3,000. Effective October 1, 2014, the Minnesota Department of Revenue will no longer accept the paper Certificate of Real Estate Value (CRV). Instead, the e-CRV is being implemented as an electronic replacement to the four-part paper CRV form. Transfer documents almost all require the electronic CRV and, if submitted with a paper CRV, will be rejected and required to be resubmitted with an e-CRV. Please consult the guidelines posted here for a specific list of documents. To submit the e-CRV, visit this url: https://www.revenue.state.mn.us/electronic-certificate-real-estate-value-ecrv
Deed Tax
Form 1 may be used to document your claim for an exempt or minimum tax transfer. This form lists 27 transfer tax exemptions. Form 2 is used if transfer tax is due and must be submitted within 30 days. Note: In the absence of a qualifying reason, deed tax must be based on at least the fair market value of the property being conveyed. The “full” deed tax rate is .0033 (.0034 for Hennepin and Ramsey counties).
Mortgage Registry Tax
Form MRT1 may be used to document your claim for an exemption from mortgage tax or the basis of your tax. The mortgage registry tax rate is .0023 of the amount of the debt being secured (.0024 for Hennepin and Ramsey counties).
Well Disclosure Certificate
Prior to signing an agreement to sell or transfer real property, the seller must always disclose in writing the location and status of all wells on the property to the buyer, along with the legal description and county of the property, and a sketch map showing the location of each well or indicate there are no wells on the property. This form comes with instructions. If there is no well, this form does not need to be completed.
Well Disclosure of Grantee in Deed
A form for the grantee (buyer) to acknowledge if there is a well on the property. This form can only be recorded as attachment to the deed.
Affidavit Regarding Seller by Individual(s)
This affidavit must be signed and notarized and may be needed if the seller(s) must declare certain facts about the property that is being conveyed.
Affidavit Regarding Purchaser by Individual(s)
This affidavit must be signed and notarized and may be needed for the purchaser to state knowledge of certain facts regarding the property.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
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.
Get your Winona County Affidavit of Trustee for Non-testamentary Trust form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Winona County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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