R255-30-309. Real Property Held in Trust

(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) When recording a document that conveys real property to a person as trustee of a trust, a county recorder: (a) shall enter the name of each trustee as record title holder; and (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: (i) ownership plat records using the trust name only as a visual representation; and (ii) tax role and index indicating 0% interest in the property. (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: (a) the trustee: (i) vacated the trust; or (ii) did not directly sign out of the trust; (b) there is no appointment of successor; and (c) the affidavit of vacancy includes the following: (i) declaration of vacancy; (ii) declaration of the fulfillment of the terms of the trust agreement; (iii) full name of the trust; (iv) full date of the trust; (v) legal description of the real property affected; (vi) name of trustee being removed from record title; (vii) declaration of reason for vacating trusteeship; (viii) declaration that the terms of trust agreement relating to vacancy have been satisfied and may cite the specific trust provision governing the vacancy; (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 (x) an acknowledgement that the successor trustee has assumed their rights and responsibilities under the terms of the trust. (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. (b) The affidavit declaring the designation shall include the following: (i) a statement that: (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 (B) each co-trustee on record title designates and authorizes a specific trustee to sign independently; (ii) full name of the trust; (iii) full date of the trust; (iv) legal description of the real property affected; (v) name of the record title trustee who is designating their signatory authority; and (vi)(A) of the designation of their authority to a signatory; and (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.