Updated April 25, 2022
A certificate of trust proves a trust exists and includes general information to verify its existence. It also grants power to a trustee to act on behalf of the trust. It’s common for financial institutions to request a certificate of trust before disbursing funds to a trustee or successor trustee.
Commonly Includes (9)
- Name of Trust;
- Type (revocable or irrevocable);
- Tax ID Number (#);
- Creation Date;
- Settlor’s Name(s) (Grantor);
- Trustee’s Name(s);
- Trustee’s Powers (broad or specific);
- Successor’s Trustee’s Name(s); and
- Description of Property (if real estate is included).
Table of Contents |
How to Get a Certificate of Trust (4 steps)
- Step 1 – Obtain the Trust Document
- Step 2 – Contact the Creator
- Step 3 – Copy the Details
- Step 4 – Get Notarized
Step 1 – Obtain the Trust Document
It’s best to obtain the document, either by finding it through personal files or contacting the attorney that drafted the trust.
Step 2 – Contact the Creator
When contacting the creator of the trust, make sure that there are no updates or amendments since the original version. This will help the accuracy of the certificate of trust.
Step 3 – Copy the Details
After confirmation of having the latest trust version, it’s time to copy the details onto the certificate of trust.
Step 4 – Get Notarized
It’s commonly required to have the certificate of trust be notarized. A notary will verify the affiant’s identification and acknowledge their statements as a true and accurate fact.
State Laws
| State | Laws |
| Alabama | § 19-3B-1013 |
| Alaska | AS 13.36.079 |
| Arizona | ARS 14-11013 |
| Arkansas | § 28-73-1013 |
| California | PROB 18100.5 |
| Colorado | § 15-5-1013 |
| Connecticut | § 45a-499zzz |
| Delaware | § 3591 |
| Florida | 736.1017 |
| Georgia | § 53-12-280 |
| Hawaii | § NEW-1013 |
| Idaho | 68-115 |
| Illinois | 760 ILCS 3/1013 |
| Indiana | § 30-4-4-5 |
| Iowa | §633A.4604 |
| Kansas | 58a-1013 |
| Kentucky | 386B.10-120 |
| Louisiana | § 8:452 |
| Maine | §1013 |
| Maryland | § 14.5-910 |
| Massachusetts | Section 1013 |
| Michigan | 700.7913 |
| Minnesota | 501C.1013 |
| Mississippi | § 91-8-1013 |
| Missouri | 456.10-1013 |
| Montana | 72-38-1013 |
| Nebraska | 30-38,103 |
| Nevada | NRS 164 |
| New Hampshire | 564-B:10-1013 |
| New Jersey | 3B:31-81 |
| New Mexico | 46A-10-1012 |
| New York | No statute |
| North Carolina | § 36C-10-1013 |
| North Dakota | 59-18-13 |
| Ohio | 5810.13 |
| Oklahoma | §6-902 |
| Oregon | UTC 1013 |
| Pennsylvania | § 7790.3 |
| Rhode Island | § 34-4-27 |
| South Carolina | § 62-7-1013 |
| South Dakota | § 55-4-51 |
| Tennessee | § 35-15-1013 |
| Texas | § 114.086 |
| Utah | 75-7-1013 |
| Vermont | § 1013 |
| Virginia | § 64.2-804 |
| Washington | 11.98.075 |
| Washington D.C. | § 19–1310.13 |
| West Virginia | §44D-10-1013 |
| Wisconsin | § 701.1013 |
| Wyoming | § 4-10-1014 |
Sample: Certificate of Trust
Download: Adobe PDF, MS Word, OpenDocument
How to Write
Download: Adobe PDF, MS Word, OpenDocument
Certificate Header
(1) State And County Of Certificate Execution. A record of both the State and the County where this statement is made must be provided. The Notary Public that will conduct the signing may wish to provide this information personally, thus consult with him or her before completing this header.
I.Affiant
(2) Statement’s Affiant. The Party who wishes to declare the content of this certificate as accurate must be identified as its Affiant. Furnish his or her full name to the first declaration.
II. Trust
(3) Name Of Trust. Identify the Trust as it is known currently on paper by the Financial Entity where it is maintained. Make sure the name reported here is transcribed precisely as it appears on the books.
A. Type Of Trust
Choose Either Item 4 Or Item 5
(4) Revocable Trust. If one or more Settlors of the Trust may revoke it then select the first checkbox available in Statement A.
(5) Irrevocable Trust. If the Trust cannot be revoked then select the second checkbox item from Statement A.
B. Date
(6) Execution Of Trust. It will be crucial to the purpose of this certificate that the trust in question is clearly identified therefore, dispense the signature date of the concerned trust to Statement (B).
C. Tax ID Number.
(7) Trust Tax Information. Document the Tax ID Number issued by the IRS to the concerned trust.
III. Settlors
(8) Settlor Identity. The name of each Party or Entity responsible for establishing the trust by signature must be presented to the third article as the Settlor(s) of the trust.
(9) Settler Mailing Address. In addition to each Settlor’s identity, produce the mailing address for every Settlor of the trust.
IV. Trustee
(10) Trustee Name. Each Party or Entity that is assigned and has assumed control of the trust’s management, maintenance, payments, and other directives must be named in the fourth article. If there are multiple Trustees and more room is required then present each one’s name in an attachment that is clearly labeled and included with this document.
(11) Trustee Mailing Address. The address where every Trustee named may be sent notices or communicated with by mail must be documented.
V. Successor Trustees
(12) Successor Trustee. If any Successors have been named to assume the Trustee’s responsibilities should the appointed Trustee be revoked or has stepped down, then a record of each such Successor Trustee’s name must be included with this certificate. Identify each Successor Trustee where requested. If more than one have been set in place, then the remainder of this roster may be continued on an attachment that is properly labeled.
(13) Successor Trustee Address. If any Successor Trustees have been documented above then supply each one’s mailing address to complete the statement made in Article V.
VI. Authority
(14) Single Trustee Signature. If only one Trustee’s signature is required to effect actions on or for the trust then select the first checkbox definition in Article VI.
(15) Multiple Trustee Signatures. In many cases where multiple Trustees are named, more than one Trustee signature may be needed to take action with the trust. If so, then select the second checkbox statement on display and document the number of Trustee signatures needed conduct any actions with the trust.
VII. Powers
(16) Full Power Over Trust. If the Trustee(s) has been granted the full scope of powers available by law to control or take action with all real and personal property the trust consists of, then place a mark in the first checkbox on display in Article VII.
(17) Limited Powers Over Trust. If the Trustee(s) do not have an unlimited scope of (legal) power over the contents of the trust and must operate within any limitations, with any restrictions, or under any conditions then the second checkbox must selected. Additionally, the limitations or restricted actions that apply to the Trustee’s actions with the trust must be supplied to this statement.
VIII. Real Estate
(18) No Real Estate Involved. Select the first checkbox statement from the Eighth Article if the trust does not consist of any real property.
(19) Real Estate Included. If the concerned trust contains any real property then, select the second checkbox statement and record the legal description of the real property under the trust.
IX. Execution
(20) Affiant’ Signature. The Affiant making the statements above should review each one. If the content of this paperwork is accurate (according to the knowledge of the Affiant) and he or she wishes to make this declaration, then the Affiant must sign this document. Note: Any attachments not physically attached to this paperwork before it is signed will not be considered part of the certificate being issued. Therefore, it is mandatory that documents continuing any of the information requested by the above articles are physically attached to this certificate before the Affiant review and signature occurs.
(21) Printed Affiant Name. The Affiant should print his or her full name below the signature.
(22) Date Of Affiant’s Signature. The calendar date when the Affiant declared the above statements as true by signature should be supplied once he or she has signed it.
Notary Acknowledgment
(23) Notarization Of Affiant Signature. The Notary Public attending the Affiant’s signing will show the notarization process as complete and supply his or her credentials through the final area provided.
