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 testamentary trust is codified at Minn. Stat. 501C.1014, Subd. 2.

A testamentary trust is a trust created by a will that takes effect upon the death of a testator. The affidavit of trustee for a testamentary trust, then, references the name of the trust and the date of the will under which it was created, as well as the decedent's name and date of death. It also references the instrument granting the trusteeship, including the date and place of recording.

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 the trustees are authorized under the decedent's will 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The affiant confirms that the trust has not terminated and that the trust instrument has not been revoked, or that, if the trust has terminated, the transaction involving the real property is made pursuant to the provisions of the trust.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 Package includes form, guidelines, and completed example)

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