|Court Services - Trust
A trust is a legal arrangement by which an owner of property transfers legal ownership of property to a person or entity called a trustee. The trustee holds the legal ownership of the property for the benefit of the beneficiaries. The trustee owns, manages and safeguards the property in order to provide income or other benefits to the beneficiary or beneficiaries. The person who creates the trust is called a "Trustor" or "Settlor". The persons or entities who are to receive the ultimate benefits are called the "Beneficiaries". There are many types of trusts, but this probate court usually works with two types: testamentary trusts and special needs trusts.
A testamentary trust is established in a will and comes into existence after a person's death. A person who makes a will is called a "Testator". A person may dictate by the terms of his or her will that upon their death, certain property must be conveyed to a trustee for the benefit of the beneficiaries the person making the will directs. The probate court usually is involved in overseeing the operations and transactions of a testamentary trust.
A filing fee is required when filing a trust. There may be additional court cost required during the administration of the trust. There may be additional court cost required during the trust process. We do not accept credit cards.
We accept filings in person or by mail. If you wish for any file-stamped documents to be returned to you, a self-addressed, stamped return envelope should be provided to the Court.
The Miami County Probate Court personnel are prohibited by law to provide legal advice or to assist in filling out forms.
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