Ohio Revised Code

Ohio Rev. Code § 5804.01 (2026)

Methods of creation of trusts

✓ current as of May 2026
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A trust may be created by any of the following methods:

(A) Transfer of property to another person as trustee during the settlor's lifetime or by will or other disposition taking effect upon the settlor's death;

(B) Declaration by the owner of property that the owner holds identifiable property as trustee;

(C) Exercise of a power of appointment in favor of a trustee;

(D) A court order.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2006–2025 · leading case: Cartwright v. Batner, 2014 Ohio 2995 (Ohio Ct. App. 2014).
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Cartwright v. Batner, 2014 Ohio 2995 (Ohio Ct. App. 2014). · cites it 4× “{¶ 34} In contrast, Kimberly argues, citing R.C. 5804.01 and other authority, that where a settlor and trustee are the same person, a trust is created by a declaration by the owner that he or she holds the property as trustee for another, and the settlor need take no further…”
Thompson v. McVey, Unpublished Decision (12-28-2006), 2006 Ohio 7036 (Ohio Ct. App. 2006). · cites it 2× “1 R.C. 5804.01, newly enacted by the Ohio Legislature, is set to become effective on January 1, 2007.”
In re Est. of Davis, 2025 Ohio 148 (Ohio Ct. App. 2025). “See also R.C. 5804.01(A) (“A trust may be created by .”
Ohio Rev. Code § 5804.01(A): 2 cases
Thompson v. McVey, Unpublished Decision (12-28-2006), 2006 Ohio 7036 (Ohio Ct. App. 2006). “1 R.C. 5804.01, newly enacted by the Ohio Legislature, is set to become effective on January 1, 2007.”
In re Est. of Davis, 2025 Ohio 148 (Ohio Ct. App. 2025). “See also R.C. 5804.01(A) (“A trust may be created by .”
Ohio Rev. Code § 5804.01(B): 1 case
Cartwright v. Batner, 2014 Ohio 2995 (Ohio Ct. App. 2014). “{¶ 34} In contrast, Kimberly argues, citing R.C. 5804.01 and other authority, that where a settlor and trustee are the same person, a trust is created by a declaration by the owner that he or she holds the property as trustee for another, and the settlor need take no further…”
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