Benton County Affidavit of Trustee for Testamentary Trust Form (Minnesota)
All Benton 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 Benton County compliant document last validated/updated 12/10/2024
Affidavit of Trustee Guide
Line by line guide explaining every blank on the form.
Included Benton County compliant document last validated/updated 11/28/2024
Completed Example of the Affidavit of Trustee Document
Example of a properly completed form for reference.
Included Benton County compliant document last validated/updated 11/22/2024
The following Minnesota and Benton County supplemental forms are included as a courtesy with your order:
When using these Affidavit of Trustee for Testamentary Trust forms, the subject real estate must be physically located in Benton County. The executed documents should then be recorded in the following office:
Benton County Recorder
531 Dewey St / PO Box 129, Foley, Minnesota 56329
Hours: 8:30 to 4:30 M-F
Phone: (320) 968-5037
Local jurisdictions located in Benton County include:
- Foley
- Gilman
- Oak Park
- Rice
- Saint Cloud
- Sauk Rapids
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 Benton 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 Benton County using our eRecording service.
Are these forms guaranteed to be recordable in Benton County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Benton County including margin requirements, content requirements, font and font size requirements.
Can the Affidavit of Trustee for 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 Benton County that you need to transfer you would only need to order our forms once for all of your properties in Benton County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Minnesota or Benton 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 Benton County Affidavit of Trustee for 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 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)
Our Promise
The documents you receive here will meet, or exceed, the Benton 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
Get your Benton County Affidavit of Trustee for Testamentary Trust form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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The release of mortgage form was OK, and accepted at the recorder's office, but there were some problems. Many of the fields to type in were too small to accept the data, and I could not find a way to change the field size or use a smaller font. Otherwise I was satisfied.
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First time user - process went very smooth and fast. It took me a little to find my messages. At first I didn't know you process documents other than deeds so maybe you should consider putting on your home page that it's not only for deeds - it's for any document that needs recording. :)
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November 25th, 2020
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August 5th, 2022
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Elizabeth R.
April 20th, 2023
It was easy to download and save the Revocation of Beneficiary of Deed form. The example and instructions helped a lot. When I went to file with the county clerk's office, she read through it carefully and said "perfect" when she was through. Thank you for making it so easy!
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Thomas D.
April 30th, 2020
The documents themselves are fine and the information provided with them is helpful. I find the actual processing of the documents, however, to be difficult particularly once the document has been saved. First, I note that the box for the date only allows entry of the last 2 digits of the year. Unfortunately, my download only allows me to enter one of the 2 digits required. When I delete it repeatedly, it eventually allows both digits to be entered but puts them in extremely small text and in superscrypt. I have not found a solution to this problem and am not sure the deed can even be recorded with this problem.
Another problem is that if you try to revise the document after you have saved it the curser goes to the end of the line after each key entry. This means that there basically is no way to efficiently save the document for reworking later since you will have to delete everything you have entered in the text box unless you only need to make a single keystroke change or are willing to replace the curser after each entry. Try that with a long property description!
Please note that I am using a Mac to prepare my documents and perhaps this is part of an "incompatibility problem". However, I didn't see a disclaimer regarding Mac use and so would expect the documents to perform correctly. Overall, I give the program a "2 star" rating because I am experiencing significant difficulties in entering dates in the documents even before saving them and because saving your work for later revision appears to be basically unworkable.
Thank you for your feedback Thomas, we appreciate you being specific about the issues you encountered. Adobe and Mac have a fairly long history of issues working together.
Marc Z.
March 24th, 2019
Thank you for having an easy to navigate website with updated documents! Had everything I needed, took care of business and on to the next transaction.- Aloha
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Connie L.
January 20th, 2024
Ordered a Quitclaim deed and worked perfectly at Register of Deed office. Liked the instructions and copy of one example filled out made it so much easier to understand. One price is great as most of other companies wanted a membership to join. Will use Deeds.com again if I ever need different forms. Thanks!!!
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Carol O.
April 3rd, 2023
Easy process as I had an example of my other property deeds to work from plus my most current Real Estate Tax forms.
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March 21st, 2019
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