In Ohio, real property is transferred via a deed. To successfully convey property from a seller to a buyer there are several formal requirements. Arguably, the most important requirement is the participation of two or more parties, a grantor and a grantee. Both must be either a person or entity legally existing at the time of the conveyance. A deed to or from a person or entity not currently in existence would therefore be void under Ohio law.

Historically, property in Ohio held in trust would have been deeded to the Trustee of the trust, not the trust itself. The reason being that a Trustee is a person or entity currently existing whereas a trust generally has no separate legal existence.

However, if you mistakenly deeded your property to the trust itself and not to the trustee, you are in luck. In 2012, the Ohio Revised Code was updated to provide an out for you. ORC Section 5301.071, paraphrased, states that no deed shall be considered defective because the grantor or grantee of the instrument is a trust rather than the trustee of the trust. There are two simple prerequisites for this savings statute to apply: first, the trust must have been duly created at the time of the conveyance; and, second, a memorandum of trust, with a legal description of the property, must be recorded in the county where the deed was recorded.