New York Memorandum of Trust
County Specific Legal Forms Validated as recently as June 24, 2026 by our Forms Development Team
About the New York Memorandum of Trust
How to Use This Form
- Select your county from the list on the left
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
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Using a New York Memorandum of Trust
In New York, trustees of personal trusts use a memorandum of trust to certify the existence of a trust and their authority to act on behalf of the trust. The memorandum is used in place of the actual trust document and provides only essential information about the trust for lending institutions or other third parties. In this way, information that may be personal in nature, such as the designated beneficiaries under the trust, is kept confidential.
The memorandum is executed and signed by the grantor of the trust under the trust instrument, as well as the trust's formal name and date of origination. It identifies the trustee and any successor trustees with power to act on behalf of the trust.
The difference between a declaration of trust and a trust agreement, as designated in the memorandum of trust document, is the grantor's relationship to the trustee. If the trustee and the grantor are the same person and the grantor controls trust assets, the trust falls under a declaration of trust. If the grantor and the trustee are separate people and the trustee controls the trust assets, trust is under a trust agreement [1].
The distinction between a declaration of trust and a trust agreement also affects the name by which the trust takes title to real property as a grantee. In the following example, "John Doe," under a declaration of trust, serves as both grantor and trustee: "John Doe, trustee under declaration of trust dated mm/dd/yyyy." Under a trust agreement, the grantor name is included as well: "John Doe under agreement with Robert Grantor dated mm/dd/yyyy" [1].
All recorded documents relating to real property in the State of New York are required to include a physical description of the property, as well as the section, lot, block, and unit numbers.
[1] https://www.treasurydirect.gov/indiv/planning/plan_estate_trustsq_a.pdf
(New York MOT Package includes form, guidelines, and completed example)
How to Use This Form
- Select your county from the list above
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
What Others Like You Are Saying
"I like the form except the title should be ENHANCED LIFE ESTATE DEED and not Quit Claim Deed"
"Excellent product. I am so happy I found Deeds.com!"
"Ordered quitclaim deed form for Knox county Illinois. It got the job done however it was not a very …"
"Exactly what I needed and saved me a bundle by not having to hire an attorney. My county clerk said …"
"Very happy with the product and really appreciated being able to get it on line."
Common Uses for Memorandum of Trust
- Transfer property held in a revocable or irrevocable trust
- Satisfy title company requirements for trust-held property
- Transfer property from a deceased person's estate
- Transfer property out of an estate after probate
- Document a change of trustee for properties held in trust
- Distribute real estate to beneficiaries of an estate
- Transfer property as part of estate administration
Compare other New York deed forms and documents
Important: County-Specific Forms
Our memorandum of trust forms are specifically formatted for each county in New York.
After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.