The Affidavit of Trustee Form is a sworn statement, citing O.R.C. Sections 317.22 and/or 5302.171, that a trustee or other affiant gives about a trust that holds real property in Cuyahoga County, Ohio. It is one of the real estate services forms published by the Cuyahoga County Fiscal Officer. Part A discloses the trust; Part B documents a successor or co-trustee. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original PDF is published by the Fiscal Officer at the official link.
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What is Affidavit of Trustee Form – Cuyahoga County, OH?
The Affidavit of Trustee is a notarized statement, issued as a form by the Cuyahoga County Fiscal Officer, in which an affiant swears to facts about a trust under O.R.C. Sections 317.22 and/or 5302.171, either disclosing the trust or documenting a change of trustee.
The form has two parts. Part A, Disclosure of Trust (O.R.C. 317.22), states the affiant's role, where the trust instrument is located, the powers of the trustee or trustees over transfers of real property, and who transferred the real property to the trust, with the recording reference (volume and page, or A.F.N.) at the Cuyahoga County Recorder's Office.
Part B, Succession of Trustee (O.R.C. 5302.171), is for a successor trustee or co-trustee. It names the trustee who served immediately before, says why that trustee ceased to serve (death, resignation or another reason), lists any other trustees with their addresses, and refers to an exhibit describing the property subject to the trust.
The form ends with a block for the affiant's signature and a jurat, "SWORN TO BEFORE ME and subscribed in my presence," completed by a notary public for the State of Ohio, County of Cuyahoga.
The Fiscal Officer lists the form with its other Real Estate Services Forms, such as the Change of Name Form and the Transfer on Death Designation Affidavit. Those are separate documents; this affidavit is not a deed or a transfer on death designation.
Who needs to file Affidavit of Trustee Form – Cuyahoga County, OH?
The person who signs the affidavit, the affiant, uses this form. Part A item 1 lets the affiant identify as a Trustee, Successor Trustee, Co-Trustee, Agent, Attorney, or Other (written in), so the form does not limit Part A to the trustee personally.
- Part A (O.R.C. 317.22): use it to disclose the trust, its instrument location, the trustee's powers over transfers of real property, and the person who transferred the property into the trust.
- Part B (O.R.C. 5302.171): the form offers only Successor Trustee or Co-Trustee as the affiant's role. Use it when a trustee has been replaced or joined by another.
The form's title cites the two statutes with "and/or," so the affiant completes the part or parts that fit the situation.
The affiant must sign before a notary public, because the form is sworn and subscribed in the notary's presence. The form prints no rule about signing by someone else on the affiant's behalf, and names no exclusions.
When to file Affidavit of Trustee Form – Cuyahoga County, OH
The form prints no due date. Its trigger is the statement it makes: complete Part A when you need to disclose a trust under O.R.C. 317.22, and Part B when a successor trustee or co-trustee needs to document succession under O.R.C. 5302.171. If the prior trustee died, have a certified copy of the death certificate ready to attach as an exhibit before you go to the notary. Sign only in front of the notary, since the affidavit is sworn and subscribed in the notary's presence.
Documents you need
- Certified copy of the death certificate, attached as an exhibit, only if the prior trustee ceased to serve by death (Part B, item 3).
- Description of the property subject to the trust, attached as an exhibit and incorporated into the affidavit (Part B, item 5).
- Recording reference for the instrument that transferred the property to the trust (volume and page, or A.F.N., at the Cuyahoga County Recorder's Office), entered on the form in Part A, item 4.
How to fill out Affidavit of Trustee Form – Cuyahoga County, OH
Enter the affiant's name
On the opening line, "I, ____, being first duly sworn," enter the full name of the person making the affidavit.
Identify your role in Part A
In Part A item 1, circle Trustee, Successor Trustee, Co-Trustee, Agent or Attorney, or write in Other. Skip Part A if only Part B applies to your situation.
Give the trust instrument location
In Part A item 2, write where the trust instrument is located. In item 3, list the trustee's or trustees' powers over transferring real property.
Identify who transferred the property
In Part A item 4, enter the name of the person who transferred the real property to the trust. Add the Volume and Page, or the A.F.N., of the recorded instrument at the Cuyahoga County Recorder's Office.
Complete the trustee succession details
In Part B item 1, circle Successor Trustee or Co-Trustee. In item 2, enter the name of the trustee who served immediately before you.
State why the prior trustee ceased
In Part B item 3, circle Death, Resignation or Other, writing in the reason for Other. If by death, enter the exhibit letter or number of the attached certified death certificate.
List other trustees and property
In Part B item 4, enter each other trustee's name and address, or write "none." In item 5, enter the exhibit letter or number of the property description you attach.
Sign before a notary
Sign on the Affiant line only in the notary's presence. The notary completes the jurat with the day, month and year, and the notary block.
Review, download and assemble
Check each entry and exhibit reference, then download or print the completed PDF from FillingPDF, attach the exhibits and take it to a notary as described under How to submit.
How to submit Affidavit of Trustee Form – Cuyahoga County, OH
The form itself prints no mailing address, portal or other submission channel. The Cuyahoga County Fiscal Officer lists it among its Real Estate Services Forms under Transfer and Recording, and says documents there must be prepared in accordance with ORC 317.114, the standard format of instruments to be recorded.
Before you submit, sign the affidavit in front of a notary public and attach any exhibits the form calls for: the certified death certificate when a prior trustee died, and the description of the property subject to the trust in Part B. Ask the Fiscal Officer's Transfer and Recording office how and where it accepts the signed affidavit.
FillingPDF lets you fill out and download the PDF; submission follows the channels the agency provides.
Common mistakes to avoid
- Signing the affidavit before meeting the notary; the form is sworn and subscribed in the notary's presence.
- Leaving the role in item 1 uncircled; the form asks you to circle one.
- Choosing a role other than Successor Trustee or Co-Trustee in Part B item 1, which offers only those two options.
- Leaving Part B item 4 blank when there are no other trustees; the form says to state "none."
- Not attaching the certified death certificate as an exhibit when the prior trustee ceased to serve by death.
- Omitting the exhibit describing the property subject to the trust, or not entering its exhibit letter or number in Part B item 5.
- Leaving out the volume and page or A.F.N. recording reference in Part A item 4.
- Not preparing the document in the standard format of instruments to be recorded (ORC 317.114), which the Fiscal Officer requires for these forms.
Frequently asked questions
What is the Affidavit of Trustee Form?
It is a sworn statement published by the Cuyahoga County Fiscal Officer under O.R.C. Sections 317.22 and/or 5302.171. Part A discloses a trust that holds real property, and Part B documents that a successor trustee or co-trustee has taken over.
What is the difference between Part A and Part B?
Part A, Disclosure of Trust (O.R.C. 317.22), describes the trust, where its instrument is located, the trustee's powers and who transferred the property in. Part B, Succession of Trustee (O.R.C. 5302.171), names the prior trustee, why they ceased to serve and any other trustees.
Does the Affidavit of Trustee need to be notarized?
Yes. The affiant signs and the form is "sworn to before me and subscribed in my presence" by a notary public, with the day, month and year filled in. Do not sign until you are with the notary.
Who can sign the Affidavit of Trustee in Cuyahoga County?
In Part A the affiant may be a Trustee, Successor Trustee, Co-Trustee, Agent, Attorney or Other. In Part B the form lists only Successor Trustee or Co-Trustee. The affiant is the person who signs before the notary.
What do I attach if the prior trustee died?
Attach a certified copy of the death certificate as an exhibit and enter its exhibit letter or number in Part B item 3. Part B item 5 also calls for an exhibit describing the property subject to the trust.
Can I fill out the Affidavit of Trustee Form online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the affidavit; you still sign before a notary and submit it through the Fiscal Officer's channels.
Is the Affidavit of Trustee a property tax form?
The form is published among the Cuyahoga County Fiscal Officer's Real Estate Services Forms, under Transfer and Recording. It concerns trusts and trustees of real property, and it is not a tax return or bill.
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