Ohio Memorandum of Trust

Under O.R.C. 5301.255, the memorandum of trust is a document that certifies a trustee has the authority to act on behalf of an existing trust. The trustee is the person or entity who holds title to a trust's assets on behalf of a settlor. A trustee might furnish a memorandum of trust upon the request of a lending institution or other third party in lieu of the trust document.

The memorandum is an abstract of the trust document, containing only relevant information about the trust, such as the identity and powers or restriction of powers of the trustee relative to real property, the name of the trust's settlor, and the name and date of the trust. The identity of any party having a beneficial interest in the trust is not disclosed. The memorandum might also quote relevant sections of the trust document directly.

Like all recorded documents concerning real property, the memorandum must also contain a legal description of the real property subject to the trust, the property's parcel identification number, and information about the prior deed granting title to the trustee. The document is executed and acknowledged by the trustee in front of a notary before it is recorded in the county wherein the real property subject to the trust is located. In special cases, such as with a disclosed but unrecorded trust in the State of Ohio, the memorandum is executed by the settlor and the trustee together, attested by witnesses, and acknowledged by the settlor and trustee.

(Ohio Memorandum of Trust 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

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Common Uses for Memorandum of Trust

Notify third parties of a trust's interest in real property
Transfer property from a trust to a beneficiary
Document a change of trustee for properties held in trust
Distribute real estate to beneficiaries of an estate
Provide evidence that a trustee has authority to transact

Compare other Ohio deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Limited Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Mineral Deed Mineral Deed with Quitclaim Covenants Ohio Limited Power of Attorney for Real Property General Durable Power of Attorney Mortgage Instrument and Promissory Note Assignment of Mortgage Release and Satisfaction of Mortgage Partial Release of Mortgage Satisfaction of Assignment of Leases and Rents Land Contract Memorandum and Notice of Agreement Full Release of Memorandum and Notice of Agreement Survivorship Deed Affidavit of Survivorship Transfer on Death Designation Affidavit Affidavit of Confirmation Trustee Deed Fiduciary Deed Notice of Commencement Notice of Furnishing Affidavit for Mechanic Lien Conditional Lien Waiver Unconditional Lien Waiver Disclaimer of Interest Lis Pendens Lis Pendens Discharge

Important: County-Specific Forms

Our memorandum of trust forms are specifically formatted for each county in Ohio.

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.

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