Mcleod County Affidavit of Trustee for Non-testamentary Trust Form (Minnesota)
All Mcleod County specific forms and documents listed below are included in your immediate download package:
Affidavit of Trustee Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Mcleod County compliant document last validated/updated 10/31/2024
Affidavit of Trustee Guide
Line by line guide explaining every blank on the form.
Included Mcleod County compliant document last validated/updated 8/7/2024
Completed Example of the Affidavit of Trustee Document
Example of a properly completed form for reference.
Included Mcleod County compliant document last validated/updated 12/6/2024
The following Minnesota and Mcleod County supplemental forms are included as a courtesy with your order:
When using these Affidavit of Trustee for Non-testamentary Trust forms, the subject real estate must be physically located in Mcleod County. The executed documents should then be recorded in the following office:
McLeod County Recorder
2389 Hennepin Ave North, Glencoe, Minnesota 55336
Hours: 8:00am to 4:30pm Monday through Friday
Phone: (320) 864-1327
Local jurisdictions located in Mcleod County include:
- Brownton
- Glencoe
- Hutchinson
- Lester Prairie
- Plato
- Silver Lake
- Stewart
- Winsted
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Mcleod County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Mcleod County using our eRecording service.
Are these forms guaranteed to be recordable in Mcleod County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Mcleod County including margin requirements, content requirements, font and font size requirements.
Can the Affidavit of Trustee for Non-testamentary Trust forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Mcleod County that you need to transfer you would only need to order our forms once for all of your properties in Mcleod County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Minnesota or Mcleod County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Mcleod County Affidavit of Trustee for Non-testamentary Trust forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
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 non-testamentary trust is codified at Minn. Stat. 501C.1014, Subd. 1.
A non-testamentary trust, also called an inter vivos or living trust, is a trust that takes effect during a settlor's lifetime. A settlor is "a person, including a testator, who creates or contributes property to a trust" (Minn. Stat. 501C.0103(o)). The affidavit of trustee for a non-testamentary trust references a recorded certificate of trust, including the recording date and location, or states that the affidavit is attached to the certificate, and confirms that the certificate was executed by the affiant, another trustee, or the settlor of the trust described in the certificate and relating to the specific parcel of land described in the affidavit.
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 those trustees are authorized under the trust instrument 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 Non-testamentary Trust Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Mcleod County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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