Minnesota Forms

Sherburne County Affidavit of Trustee for Testamentary Trust Form

Sherburne County Affidavit of Trustee Form

Sherburne County Affidavit of Trustee Form

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

Document Last Validated 7/16/2025
Sherburne County Affidavit of Trustee Guide

Sherburne County Affidavit of Trustee Guide

Line by line guide explaining every blank on the form.

Document Last Validated 7/24/2025
Sherburne County Completed Example of the Affidavit of Trustee Document

Sherburne County Completed Example of the Affidavit of Trustee Document

Example of a properly completed form for reference.

Document Last Validated 4/29/2025

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

Immediate Download • Secure Checkout

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

Where to Record Your Documents

Sherburne County Recorder
Address:
Govt. Center - 13880 Business Center Dr NW
Elk River, Minnesota 55330-1692

Hours: 8:00am to 4:30pm M-F

Phone: (763) 765-4420 / 800-719-2826

Recording Tips for Sherburne County:
  • Ensure all signatures are in blue or black ink
  • Ask if they accept credit cards - many offices are cash/check only
  • Recorded documents become public record - avoid including SSNs
  • Multi-page documents may require additional fees per page

Cities and Jurisdictions in Sherburne County

Properties in any of these areas use Sherburne County forms:

  • Becker
  • Big Lake
  • Clear Lake
  • Elk River
  • Santiago
  • Zimmerman

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Sherburne County

How do I get my forms?

Forms are available for immediate download after payment. The Sherburne 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 Sherburne County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Sherburne 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 Sherburne 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 Sherburne County?

Recording fees in Sherburne County vary. Contact the recorder's office at (763) 765-4420 / 800-719-2826 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 Sherburne 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 Sherburne County.

Our Promise

The documents you receive here will meet, or exceed, the Sherburne 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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December 28th, 2021

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