Declaration of Trust — Ohio UTC Adopted
State-specific requirements for creating a Declaration 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: https://codes.ohio.gov/ohio-revised-code/section-5810.13
- Last verified: 2026-09-17
- Legal review: Not performed
Governing Statute
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.
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.
Certification of Trust in Ohio
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.
Already have a trust? You may also need a Certificate of Trust for Ohio to prove its existence to banks and institutions.
How a Declaration of Trust works in Ohio
A declaration of trust in Ohio is the written instrument that creates a trust under the Ohio Trust Code at ORC Chapters 5801-5811, a modified Uniform Trust Code effective March 22, 2012 via Senate Bill 117. The settlor states an intent to hold property for named beneficiaries and appoints a trustee to manage it. The trust instrument must be signed by the settlor. Ohio does not require witnesses or notarization for valid trust execution under the Ohio Trust Code. The trust becomes active when it is funded: real property moves by a new deed to the trustee, and bank and brokerage accounts are retitled in the name of the trust or trustee. A successor trustee named in the document takes over if the acting trustee steps down, becomes incapacitated, or dies. Ohio also recognizes a memorandum of trust under ORC § 5301.255 for recording purposes with real property. When proof of the trust is needed, ORC § 5810.13 lists what a certification of trust may contain.
Frequently asked questions
Does an Ohio declaration of trust have to be notarized or witnessed?
Under the Ohio Trust Code (ORC Chapters 5801-5811), the trust instrument does not require witnesses or notarization for valid trust execution. ORC § 5804.02 governs creation of trusts and requires settlor capacity, intent, an identifiable beneficiary, and trust property. Notarization and witnesses are recommended for authenticity and to prevent challenges but are not legally required. For real property transfers into trust, deeds must be notarized and recorded. Ohio also recognizes a memorandum of trust under ORC § 5301.255 for recording purposes with real property.
Can an Ohio trust continue for many generations?
Yes. Ohio allows dynasty trusts under ORC § 2131.09(B), which permits an opt-out of the rule against perpetuities if the trust instrument specifically states that the rule against perpetuities does not apply and the trustee has unlimited power to sell all trust assets or terminate the entire trust. This dual requirement is unique among states. The opt-out is effective for instruments executed on or after March 22, 1999. The specific terms of the trust instrument and how the trust is administered still determine what happens in any particular case.
What goes in a certification of trust under ORC § 5810.13?
The statute lists the contents: a statement that the trust exists and the date the trust instrument was executed, the identity of the settlor, the identity and address of the currently acting trustee, the powers of the trustee, whether the trust is revocable or irrevocable and the identity of any person holding a power to revoke, and the authority of cotrustees to sign or authenticate and whether all or less than all are required to exercise powers of the trustee. The certification must state that the trust has not been
How does Ohio treat business trusts?
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, a business trust must file with the Secretary of State before transacting business under ORC § 1746.04. The trust instrument must set forth the name, principal office, purposes, shares of beneficial interest, and transferability restrictions under ORC § 1746.05. Foreign business trusts are recognized under ORC §
Common mistakes
Common issues include assuming Ohio law requires witnesses or notarization for the trust instrument itself (it requires neither, though recording-related steps such as deeds call for notarization), and leaving the trust unfunded so that property never actually moves into it through a new deed or retitled accounts. Another frequent mix-up is the dynasty trust opt-out under ORC § 2131.09(B), which requires both an affirmative statement in the trust instrument AND unlimited trustee power to sell or terminate, a dual requirement unique among states that people often overlook. People also confuse the certification of trust under ORC § 5810.13 with the memorandum of trust under ORC § 5301.255, which serves a different purpose for real property transactions. Documents that omit a successor trustee create avoidable friction during administration.
Ohio notes
Ohio operates under the Ohio Trust Code at ORC Chapters 5801-5811, a modified Uniform Trust Code effective March 22, 2012 via Senate Bill 117. Certification of trust contents are set by ORC § 5810.13, and any trustee may sign. Ohio allows dynasty trusts through the ORC § 2131.09(B) opt-out of the rule against perpetuities, which requires both an affirmative statement in the trust instrument and unlimited trustee power to sell or terminate. Ohio has a comprehensive statutory business trust framework at ORC Chapter 1746, 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. Ohio does not have a state estate tax. Ohio also recognizes a memorandum of trust under ORC § 5301.255 distinct from certification of trust for real property transactions.