Olmsted County Affidavit of Trustee for Testamentary Trust Form

Olmsted County Affidavit of Trustee Form
Fill in the blank form formatted to comply with all recording and content requirements.

Olmsted County Affidavit of Trustee Guide
Line by line guide explaining every blank on the form.

Olmsted 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
Immediate Download • Secure Checkout
Additional Minnesota and Olmsted County documents included at no extra charge:
Where to Record Your Documents
Property Records & Licensing
Rochester, Minnesota 55904
Hours: 8:00am to 5:00pm M-F
Phone: (507) 328-7670 and 328-7635
Recording Tips for Olmsted County:
- Ask if they accept credit cards - many offices are cash/check only
- Check that your notary's commission hasn't expired
- Avoid the last business day of the month when possible
- Leave recording info boxes blank - the office fills these
Cities and Jurisdictions in Olmsted County
Properties in any of these areas use Olmsted County forms:
- Byron
- Dover
- Eyota
- Oronoco
- Rochester
- Stewartville
Hours, fees, requirements, and more for Olmsted County
How do I get my forms?
Forms are available for immediate download after payment. The Olmsted 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 Olmsted County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Olmsted 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 Olmsted 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 Olmsted County?
Recording fees in Olmsted County vary. Contact the recorder's office at (507) 328-7670 and 328-7635 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 testamentary trust is codified at Minn. Stat. 501C.1014, Subd. 2.
A testamentary trust is a trust created by a will that takes effect upon the death of a testator. The affidavit of trustee for a testamentary trust, then, references the name of the trust and the date of the will under which it was created, as well as the decedent's name and date of death. It also references the instrument granting the trusteeship, including the date and place of recording.
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 the trustees are authorized under the decedent's will 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 Package includes form, guidelines, and completed example)
Important: Your property must be located in Olmsted County to use these forms. Documents should be recorded at the office below.
This Affidavit of Trustee for Testamentary Trust meets all recording requirements specific to Olmsted County.
Our Promise
The documents you receive here will meet, or exceed, the Olmsted 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 6th, 2020
We had hoped, as this was direct through our State recorder's office, State-specific data would be pre-filled in. Also there is no help when transferring the home title from a Revocable Trust to the living Trustee and new spouse (no example given, no help for which code to use). And the example doesn't match the prior deed revision format submitted by our attorney. So, not the best experience. We may have to get an attorney involved...what we were hoping to avoid
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July 22nd, 2022
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