Certificate of Trust — Ohio UTC Adopted
State-specific requirements for a Certificate of Trust in Ohio.Create yours now →
Certificate of Trust · At a glance
Ohio · summary of the record on file
Ohio Trust Code at ORC Chapters 5801-5811 (modified UTC, effective March 22, 2012 via Senate Bill 117); Certificate of Trust at ORC § 5810.13 (UTC § 1013). Business Trusts at ORC Chapter 1746. Rule Against Perpetuities at ORC § 2131.08-2131.09.Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: Ohio does NOT require witnesses or notarization for valid trust execution under the Ohio Trust Code (ORC Chapter 5804).
- Witnesses: Ohio does NOT require witnesses or notarization for valid trust execution under the Ohio Trust Code (ORC Chapter 5804).
- Recording: For real property transfers into trust, deeds must be notarized and recorded.
- Source URL: none on file
- Last verified: not on record
- Legal review: not performed
source, url, verified_as_of, or last_reviewed fields. Citation should be confirmed against the official state code before relying on it.Statutory Citation
Ohio Trust Code at ORC Chapters 5801-5811 (modified UTC, effective March 22, 2012 via Senate Bill 117); Certificate of Trust at ORC § 5810.13 (UTC § 1013). Business Trusts at ORC Chapter 1746. Rule Against Perpetuities at ORC § 2131.08-2131.09.
Certification Requirements
Under ORC § 5810.13, a certification of trust must contain: (1) statement that the trust exists and date the trust instrument was executed; (2) identity of the settlor; (3) identity and address of the currently acting trustee; (4) powers of the trustee; (5) revocability or irrevocability of the trust and identity of any person holding a power to revoke; (6) authority of cotrustees to sign/authenticate and whether all or less than all are required to exercise powers of the trustee. Must state trust has not been revoked, modified, or amended in a manner that would cause representations to be incorrect. Need not contain dispositive terms. Any trustee may sign. Does not affect use of memorandum of trust under ORC § 5301.255.
Execution Requirements
Ohio does NOT require witnesses or notarization for valid trust execution under the Ohio Trust Code (ORC Chapter 5804). ORC § 5804.02 governs creation of trusts — requires settlor capacity, intent, identifiable beneficiary, and trust property. Notarization and witnesses are recommended for authenticity and to prevent challenges but not legally required. For real property transfers into trust, deeds must be notarized and recorded. Ohio also recognizes memorandum of trust under ORC § 5301.255 for recording purposes with real property.
Business Trust Treatment
Ohio has a comprehensive statutory business trust framework at ORC Chapter 1746 (effective March 18, 1983). A business trust is declared a 'permitted form of association' and a 'separate unincorporated legal entity' — not a partnership, joint venture, or agency. Created by trust instrument; must file with Secretary of State before transacting business (ORC § 1746.04). Trust instrument must set forth: name, principal office, purposes, shares of beneficial interest, transferability restrictions (ORC § 1746.05). Foreign business trusts recognized (ORC § 1746.19). Trustees have broad general powers (ORC § 1746.09). Business trusts can merge, consolidate, or sell assets (ORC § 1746.18).
Favorable Trust Laws
Ohio allows dynasty trusts — ORC § 2131.09(B) permits opt-out of the rule against perpetuities if the trust instrument specifically states RAP does not apply and the trustee has unlimited power to sell all trust assets or terminate the entire trust. Effective for instruments executed on or after March 22, 1999. Ohio does NOT allow self-settled asset protection trusts. Ohio has no state estate tax (repealed). Ohio business trusts are well-established with comprehensive statutory framework including filing requirements with Secretary of State.
Unique Factors
Ohio's business trust statute (ORC Chapter 1746) is one of the most comprehensive in the nation, explicitly declaring business trusts as separate unincorporated legal entities. Ohio requires business trusts to file with the Secretary of State, making them public record — persons dealing with a business trust are charged with constructive notice of the trust instrument's contents. Ohio's dynasty trust opt-out (ORC § 2131.09(B)) requires an affirmative statement in the trust instrument AND unlimited trustee power to sell or terminate — a dual requirement unique among states. Ohio also recognizes a separate memorandum of trust concept (ORC § 5301.255) distinct from certification of trust for real property transactions.