Ohio § 5302.171 Affidavit for successor trustee

Ohio Statutes

§ 5302.171 — Affidavit for successor trustee

Ohio § 5302.171

Title 53Real Property

Ch. 5302Statutory Forms Of Land Conveyance

This text of Ohio § 5302.171 (Affidavit for successor trustee) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 5302.171 (2026).

Text

Upon the death, resignation, removal, or  other event terminating the appointment of a trustee of a trust,  which trustee holds title to real property, the successor trustee  or any co-trustee of the trust shall file with the county auditor  and the county recorder of the county in which the real property  is located, as soon as is practical, an affidavit reciting the  name of the immediately preceding trustee and any co-trustees, the  addresses of all trustees, a reference to the deed or other  instrument vesting title in the trustees, and a legal description  of the real property. The affidavit shall be recorded in the  official records of the county recorder, and indexed in the direct  and reverse indexes provided for in section317.18of the Revised  Code.

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Upon the death, resignation, removal, or other event terminating the appointment of a trustee of a trust, which trustee holds title to real property, the successor trustee or any co-trustee of the trust shall file with the county auditor and the county recorder of the county in which the real property is located, as soon as is practical, an affidavit reciting the name of the immediately preceding trustee and any co-trustees, the addresses of all trustees, a reference to the deed or other instrument vesting title in the trustees, and a legal description of the real property. The affidavit shall be recorded in the official records of the county recorder, and indexed in the direct and reverse indexes provided for in section317.18of the Revised Code.

The affidavit described in this section shall not be required if the original trust instrument naming the trustees and successors and containing relevant facts pertaining to the succession of trustees, or if a memorandum of trust in compliance with section5301.255of the Revised Code that contains relevant facts pertaining to the succession of trustees, is recorded in the office of the county recorder.

Failure to file the affidavit required by this section does not affect title to real property in the one or more trustees.