New York Forms

Herkimer County Memorandum of Trust Form

Herkimer County Memorandum of Trust Form

Herkimer County Memorandum of Trust Form

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

Validated 7/21/2025 Preview Form
Herkimer County Completed Example of the Memorandum of Trust

Herkimer County Completed Example of the Memorandum of Trust

Line by line guide explaining every blank on the form.

Validated 6/26/2025 Preview Form

All 2 documents above included • One-time purchase • No recurring fees

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

Where to Record Your Documents

Herkimer County Clerk
Address:
109 Mary St, Suite 1111
Herkimer, New York 13350

Hours: Monday - Friday 9am to 4:45pm / Summer: 8:30am to 3:45pm

Phone: (315) 867-1133 (Recording) & 867-1338 (Record Room)

Recording Tips for Herkimer County:
  • Make copies of your documents before recording - keep originals safe
  • Avoid the last business day of the month when possible
  • Recording early in the week helps ensure same-week processing

Cities and Jurisdictions in Herkimer County

Properties in any of these areas use Herkimer County forms:

  • Cold Brook
  • Dolgeville
  • Eagle Bay
  • Frankfort
  • Herkimer
  • Ilion
  • Jordanville
  • Little Falls
  • Middleville
  • Mohawk
  • Newport
  • Old Forge
  • Poland
  • Salisbury Center
  • Thendara
  • Van Hornesville
  • West Winfield

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Herkimer County

How do I get my forms?

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

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

Recording fees in Herkimer County vary. Contact the recorder's office at (315) 867-1133 (Recording) & 867-1338 (Record Room) for current fees.

Have other questions? Contact our support team

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)

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

This Memorandum of Trust meets all recording requirements specific to Herkimer County.

Our Promise

The documents you receive here will meet, or exceed, the Herkimer 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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