Bulletin: OH000004

The provisions of Amended Substitute Senate Bill No. 158 (the "Bill") are effective May 8, 1996.

Among others the Bill contains provisions which:

a. Require a trustee to submit an affidavit to the county auditor before the title of real estate can pass from a trust [R.C. 317.22(B) (2)];

b. Require a successor trustee to submit an affidavit to the county auditor to remove a prior trustee from the tax list (R.C. 5302.171); and

c. Require boundary surveys to be submitted for approval to county engineers under certain circumstances (R.C. 315.251).

A. The affidavit required by R.C. 317.22 (B) (2) must:

1. Set forth the location of the trust instrument;

2. Describe the powers of the trustee(s) regarding the transfer of real property; and

3. Set forth the name of the person who transferred the real property to the trust.

While the statute does not require it, it is suggested that the affidavit contain a legal description of the property to be transferred or a reference to a recorded document containing the legal description. In addition, it is suggested that the affidavit contain a statement that the trust instrument is in full force and effect.

If you are handling a transaction involving property held by a trustee requiring and filing the R.C. 317.22 (B) (2) affidavit does not relieve you of the duty to obtain, review and maintain in your title file a complete copy of the trust instrument and any amendments thereto.

B. Under R.C. 5302.171 a successor trustee of a trust owning real property is required to file an affidavit setting forth:

1. The name of the trustee immediately preceding the successor trustee;

2. The name(s) of any other trustee(s);

3. The addresses of all trustees; and

4. A description of the real property.

Where the successor trustee has assumed his/her/its duties by reason of the death of a predecessor trustee, the affidavit must be accompanied by a certified copy of the predecessor trustee's death certificate.

C. R.C. 315.251 requires a boundary survey and survey plat, conforming to the minimum standards for boundary surveys promulgated by the State Board of Registration For Professional Engineers And Surveyors, whenever land to be conveyed is only a part of the grantor's land or if the legal description of the land to be conveyed is different from the legal description of the land conveyed in the most recent conveyance of all or part of that land.

The survey and legal description is to be submitted to the county engineer for review. Where the engineer determines that the survey plat and description satisfy the aforementioned minimum standards, the engineer shall approve the survey plat and description and file a copy of the survey plat and description in the engineer's survey file.