1. (1) A county recorder may accept a document presented for recording of real property conveyed to a person as trustee of a trust if the document meets the requirements of Subsection 75B-2-816(3).

2. (2) When recording a document that conveys real property to a person as trustee of a trust, a county recorder:

   1. (a) shall enter the name of each trustee as record title holder; and

   2. (b) for convenience, may show the name of the trust as owner in lieu of the name of the trustee or co-trustees on the county's:

      1. (i) ownership plat records using the trust name only as a visual representation; and
      2. (ii) tax role and index indicating 0% interest in the property.

3. (3) Under Section 75B-2-704 and subject to Section 75B-2-703, a county recorder may accept an affidavit to fill a vacancy of a trustee in a record title if:

   1. (a) the trustee:

      1. (i) vacated the trust; or
      2. (ii) did not directly sign out of the trust;
   2. (b) there is no appointment of successor; and

   3. (c) the affidavit of vacancy includes the following:

      1. (i) declaration of vacancy;
      2. (ii) declaration of the fulfillment of the terms of the trust agreement;
      3. (iii) full name of the trust;
      4. (iv) full date of the trust;
      5. (v) legal description of the real property affected;
      6. (vi) name of trustee being removed from record title;
      7. (vii) declaration of reason for vacating trusteeship;
      8. (viii) declaration that the terms of trust agreement relating to vacancy have been satisfied and may cite the specific trust provision governing the vacancy;
      9. (ix) if the vacancy occurred because the trustee has died, a copy of the trustee's death certificate or other government-issued document under Section 75-1-107; and
      10. (x) an acknowledgement that the successor trustee has assumed their rights and responsibilities under the terms of the trust.

4. (4)(a) If a trust agreement specifically allows a trustee to be designated as a signatory to act independently from another co-trustee, a county recorder shall require an affidavit declaring the designation according to the terms of the trust.

   1. (b) The affidavit declaring the designation shall include the following:

      1. (i) a statement that:

         1. (A) if the trust agreement allows a single trustee to sign independently from co-trustees, a single trustee may declare designation under the terms of the trust; or
         2. (B) each co-trustee on record title designates and authorizes a specific trustee to sign independently;
      2. (ii) full name of the trust;
      3. (iii) full date of the trust;
      4. (iv) legal description of the real property affected;
      5. (v) name of the record title trustee who is designating their signatory authority; and

      6. (vi)(A) of the designation of their authority to a signatory; and

         1. (B) that the terms of the trust agreement regarding the designation have been satisfied and may include a reference to the specific trust provision governing the designation.

KEY: county recorder standards, county recorder standards board

Date of Last Change: June 8, 2026

Authorizing, and Implemented or Interpreted Law: 63C-30-101; 63C-30-202; 17-71-306; 17-71-301