A Certificate of Trust or Certification of Trust document should be tailored to the particular type of trust involved, the unique provisions of the trust, and the state law requirements that apply. In addition, if the Certification of Trust is being requested by a person or institution in regard to a specific transaction involving the trust or trust property, the document may need to contain information specifically requested for that transaction. For an overview of how this type of estate planning document is used in the administration of trusts, go to our
Certification of Trust page.This page provides an overview of the type of information that is usually included in Certificate of Trust forms. Because the laws on trusts are different from state to state and each trust document is unique, your Certification of Trust document will need to be drafted in a way that complies with applicable laws and the particular trust provisions involved. For example, some states require a Certification of Trust to be in the form of an affidavit.
This template sets forth a list of items you may want to include in your Certificate of Trust.In general, a Certification of Trust form may contain the following types of information and language:1. The name of the settlor or settlors of the trust.2. The full legal name of the trust and the date the trust was created. If the trust has been amended, the date of such amendments should also be stated.3. A statement indicating that the trust has not been revoked, modified or amended in a way that would contradict what is stated in the Certificate of Trust, along with a statement indicating that the trust remains in effect as of the date of the certification. Note: This type of statement is typically required to be in a Certification of Trust.4. If the trust is revocable or may be amended, that should be disclosed in the Certificate of Trust, along with the name of the individual with the power to revoke or amend it.
5. The name and address of the current trustee or co-trustees of the trust. The names of any successor trustees may also be listed.6. The wording of how title to trust assets or trust property shall be taken or held. For sample language on title to trust property, go to our page on how to
open trust account.7. A list of the powers of the trustee or trustees. These powers are set forth in the trust document. If there are co-trustees, the Certificate of Trust should indicate whether all
must authorize or sign to exercise these powers.8. Language indicating who may rely on the Certificate of Trust.9. The tax identification number or social security number that should be used to report tax information for the trust.10. The state where the trust was created or established. The certificate should indicate which state's laws govern the trust. If you are unsure which state law applies, refer to Trust Law Sources.11. The Certificate of Trust should be signed by all the currently acting trustees or otherwise be authenticated by all the currently acting trustees.12. The date on which the Certification of Trust was executed.13. Notarial acknowledgment and seal. Other execution requirements may apply depending on the state. To find trust laws by state, go to
Trust Law.It may be necessary to disclose certain provisions of the trust document or to include excerpts from the trust in the Certificate of Trust. The trustee will need to make this determination based on the trustee powers being exercised, the type of transaction involved or the information required by the party that requested a Certificate of Trust. Consult an attorney for guidance on what to disclose in a Certification of Trust and related documents during
trust administration.In some circumstances, it may be necessary to record the Certification of Trust with the county recorder, such as when the trust holds title to real property.A good resource on what should be in a Certification of Trust document is Section 1013 of the Uniform Trust Code. Information on the Uniform Trust Code is available on the Uniform Law Commission website. You may also wish to review the relevant state statutes or sections of the applicable state trust code to find the requirements for a Certification of Trust.
Trust Administration Forms
To find forms for trustees, including Pennyborn.com's Successor Trustee Checklist, Trust Distribution Letter, and information on the use of a Trust Beneficiary Release when settling a trust, go to forms for trustees.
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