Affidavit of Successor Trustee in Ohio: Contents, Filing, and Fees

In Ohio, when a new trustee takes over real property held by a trust, Ohio Revised Code Section 5302.171 requires an affidavit of successor trustee to be filed with both the county auditor and the county recorder in the county where the property sits.¹ The affidavit links the incoming trustee to the property’s chain of title so that buyers, lenders, and title companies can confirm who has authority to act. It has to be filed as soon as practical after the trustee change, notarized, and formatted to the standards Ohio uses for any recorded instrument.

When You Have to File the Affidavit

The filing obligation is triggered whenever a trustee who holds title to real property stops serving. The statute covers death, resignation, removal, and any other event that ends the trustee’s appointment.¹ The catch-all is broader than it sounds. Incapacity, for example, can count if the trust instrument treats it as a terminating event, even without a formal court order or resignation.

The successor trustee, or any remaining co-trustee, is directed to file “as soon as is practical.”¹ The statute sets no hard deadline in days, though at least one county form instructs filers to submit within 30 days of the terminating event. Delay creates real problems in practice. A title search will still show the prior trustee on record and flag the gap, which can stall a sale or refinance until the affidavit is filed.

When No Affidavit Is Needed

Two exceptions are built into the statute. You don’t need to file the affidavit if either of the following is already on record with the county recorder and includes facts about how the succession works:

The original trust instrument itself, if it names the trustees and successors and describes how succession operates.
A memorandum of trust recorded under Ohio Revised Code Section 5301.255, stating the trustee’s name and address, the date the trust was executed, and the trustee’s powers over real property.¹

One important boundary. The statute states that failing to file the affidavit “does not affect title to real property in the one or more trustees.”¹ The successor’s legal authority exists whether or not the affidavit is on file. The affidavit is about the public record. Even so, title companies and lenders typically won’t move forward without either the affidavit or a recorded trust document that covers the succession, so treating the filing as optional creates practical trouble.

What the Affidavit Must Contain

Section 5302.171 sets out four required elements:¹

The full legal name of the immediately preceding trustee, along with any co-trustees who were serving.
The current addresses of both the outgoing and incoming trustees.
A reference to the deed or other document that placed the property into the trust, by volume and page number or instrument number.
The full legal description of the property as it appears on the recorded deed, not a street or tax mailing address.

The statute does not require the affidavit to include the trust’s formal name or the date the trust was created, though many county forms have fields for both. If you’re using a county template, fill in every field it asks for; if you’re drafting your own, the statutory minimum is what matters, and adding trust identifiers can head off questions from title examiners.

When the prior trustee died, county forms typically ask you to attach a certified copy of the death certificate. The statute itself doesn’t mandate it, but recorders and auditors commonly require it as supporting documentation, and Cuyahoga County’s form, for example, has a dedicated field for it.² Have it ready to avoid a rejection at the counter.

Before drafting, pull the current trust instrument and check for amendments. Successor designations can change over the life of a trust, and you need to confirm that the person stepping in is named in the most recent version.

Signing and Notarization

Section 5302.171 doesn’t explicitly call for notarization, but Ohio’s general requirements for recorded instruments do, and every county form provides a notary block for signature, seal, and commission expiration date.³ Submitting an unnotarized affidavit will almost certainly be rejected.

If the successor trustee lives out of state, the notarization can be handled by a notary authorized in that other state. Under Ohio Revised Code Section 147.51, a notarial act performed outside Ohio has the same effect as one performed by an Ohio notary, provided the person performing it is authorized under the laws of the place where the act occurs.⁴

Formatting Requirements

Ohio Revised Code Section 317.114 sets statewide formatting standards for any document submitted for recording:

Type at least 10 points.
Paper at least 8½ by 11 inches and no larger than 8½ by 14 inches.
One-inch margins on the sides and bottom of every page, and a three-inch blank margin across the top of the first page for the recorder’s endorsement.

Non-compliant documents are still accepted, but the recorder charges an additional $20 ($10 base plus a $10 housing trust fund fee) for improper formatting.⁵

Where to File

The affidavit has to be filed with both the county auditor and the county recorder in the county where the property is located.¹ Skipping the auditor can create complications with property tax records and future transfers.

Many counties route filers through the auditor first, where the affidavit may be stamped or approved before it goes to the recorder. Some counties handle both stops in the same building; others require separate visits. Call ahead to confirm the local workflow, especially if you plan to submit by mail. When mailing, include a self-addressed stamped envelope so the recorded original comes back to you.

If the trust holds real property in more than one Ohio county, file a separate affidavit with the auditor and recorder in each county.

Recording Fees

Ohio sets recording fees by statute, so the cost is the same in every county. Under Ohio Revised Code Section 317.32, the basic fee is $34 for the first two pages plus $8 for each additional page.⁶ An affidavit with the legal description as an exhibit typically runs two to three pages, putting the total in the $34 to $42 range. Half of the fee goes to the Ohio Housing Trust Fund.

If the affidavit includes marginal references cross-referencing other recorded documents, an extra $4 applies per reference.⁶ Add the $20 non-compliance surcharge if formatting is off, and the bill can climb past $60.

Notifying Beneficiaries After Accepting

Filing the affidavit updates the land records, but it does not satisfy the successor trustee’s separate duty to trust beneficiaries. Under Ohio Revised Code Section 5808.13, a successor trustee has to notify all current beneficiaries within 60 days of accepting the trusteeship. The notice must include the trustee’s name, address, and telephone number.⁷

The 60-day clock runs from acceptance, not from the end of the prior trustee’s appointment. If you step in after a death and immediately start managing assets, acceptance has occurred even without a written acceptance document. Missing the window does not strip your authority, but it opens the door to fiduciary-duty claims from beneficiaries.

Certification of Trust as a Companion Document

The affidavit of successor trustee and a certification of trust are often confused. The affidavit under Section 5302.171 updates the public land records for real property. A certification of trust under Ohio Revised Code Section 5810.13 is a broader tool that lets a trustee prove authority to banks, title companies, and other third parties without producing the full trust document.⁸

A certification of trust must state the trust’s existence and execution date, the settlor’s identity, the current trustee’s name and address, the trustee’s powers, and whether the trust is revocable or irrevocable. It does not have to include the dispositive terms.⁸ A person who relies on a certification in good faith is protected from liability.

Many successor trustees will need both. The affidavit goes to the county to update the land records; the certification goes to the bank, brokerage, or buyer’s title company to prove authority to act. Preparing them together saves a second round of drafting when a financial institution asks for proof.

Recording a Memorandum of Trust to Avoid Future Affidavits

To sidestep the affidavit requirement for future trustee transitions, a trust can record a memorandum of trust under Ohio Revised Code Section 5301.255. The memorandum has to state the trustee’s name and address, the date the trust was executed, and the trustee’s powers over real property.⁹ If it also contains the relevant facts about how trustees succeed one another, no separate affidavit is needed at the next transition.¹

The memorandum must be executed and acknowledged by the trustee in accordance with Ohio Revised Code Section 5301.01 and recorded with the county recorder for the standard fee. It only provides public notice of the information it actually contains, so if the succession provisions are left out, it won’t substitute for the affidavit. Recording a well-drafted memorandum while the original trustee is still serving is one of the simpler ways to make a future transition easier.

1
Ohio Legislative Service Commission. Ohio Code 5302.171 – Affidavit for Successor Trustee
2
Cuyahoga County Fiscal Officer. Affidavit of Trustee
3
Geauga County Auditor. Affidavit of Successor Trustee
4
Ohio Legislative Service Commission. Ohio Code 147.51 – Notarial Acts
5
Ohio Legislative Service Commission. Ohio Code 317.114 – Standard Format of Instruments to Be Recorded
6
Ohio Recorders’ Association. Ohio Recorders Association Fees
7
Ohio Legislative Service Commission. Ohio Code 5808.13 – Keeping Beneficiaries Informed
8
Ohio Legislative Service Commission. Ohio Code 5810.13 – Certification of Trust Furnished to Person Not Beneficiary
9
Ohio Legislative Service Commission. Ohio Code 5301.255 – Memorandum of Trust