Ohio Trustee's Deed

Ohio Revised Code Section 5302.09 outlines the general form of a deed for use by individuals serving as fiduciaries, including trustees. A fiduciary is a person who is appointed to manage someone else's assets, often for the benefit of a third party.

Trustee's deeds are used in trust administration to convey real property out of a trust. A settlor creates a trust, typically for estate planning purposes, and funds it with assets that can include both real and personal property. The trustee controls the trust's assets for the settlor, according to the terms of the trust document. If the settlor directs the trustee to transfer real property out of the trust, the trustee executes a trustee's deed; the settlor is not involved in the conveyance. This is useful because leaving the settlor's name off the transfer it maintains his/her privacy.

In Ohio, the basic trustee's deed is similar to a quitclaim deed, in that it offers no warranty of title. Depending on the situation, the trustee might add guarantees to bring the deed in line with special warranty or warranty deeds.

The trustee's deed must fulfill all requirements for instruments affecting real property in the State of Ohio (legal description, Parcel ID, prior instrument reference, etc.). In addition, it names the trustee as the grantor and provides basic information about the trust under which the trustee is acting. A memorandum of trust (O.R.C. 5301.255) is sometimes included to verify the trust's existence and the trustee's authority to act on behalf of the trust. As with other instruments, the deed requires a signature and acknowledgment in the presence of a notary. It is recorded in the county where the property is situated.

Trust law can quickly become complicated, and each situation is unique. Contact a lawyer with any specific questions and for guidance on trust law.

(Ohio Trustee Deed 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 Trustee Deed

Transfer property from a trust to a beneficiary
Document a change of trustee for properties held in trust
Transfer property from a deceased person's estate
Establish a trust's interest in real property for public record

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 Fiduciary Deed Notice of Commencement Notice of Furnishing Affidavit for Mechanic Lien Conditional Lien Waiver Unconditional Lien Waiver Disclaimer of Interest Memorandum of Trust Lis Pendens Lis Pendens Discharge

Important: County-Specific Forms

Our trustee deed 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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