What to Include in a Certificate of Trust
- Name of trust
- Type (revocable or irrevocable)
- Tax ID #
- Date of trust creation
- Settlor or grantor’s name
- Trustee’s name
- Trustee’s powers
- Successor’s trustee’s name
- Description of property (if real estate is included)
How to Get a Certificate of Trust (4 steps)
| 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
CERTIFICATE OF TRUST
STATE OF [STATE]
COUNTY OF [COUNTY]
I. AFFIANT. I, [AFFIANT’S NAME] (“Affiant”), being duly sworn, deposes and states under penalty of perjury that the foregoing is true and correct.
II. TRUST. The Trust is known as [NAME OF TRUST] (“Trust”).
The Trust has not been terminated, revoked, modified, or amended in any manner that would cause the representations contained in this Certification of Trust to be incorrect.
a.) Type. The Trust is considered: (check one)
☐ – Revocable
☐ – Irrevocable
b.) Date. The Trust was signed on [DATE]
c.) Tax ID Number. [#]
III. SETTLOR(S). [NAME OF SETTLOR] (“Settlor(s)”) with a mailing address of [ADDRESS].
IV. TRUSTEE(S). [NAME OF TRUSTEE] (“Trustee(s)”) with a mailing address of [ADDRESS].
V. SUCCESSOR TRUSTEE(S). [NAME OF SUCCESSOR TRUSTEE] (“Successor Trustee(s)”) with a mailing address of [ADDRESS].
VI. AUTHORITY. The authority to act on behalf of the Trust requires: (check one)
☐ – One Trustee to sign.
☐ – [#] Trustee(s) to sign.
VII. POWERS. The Trustee(s) have: (check one)
☐ – Full powers to sell, convey and to mortgage or encumber real and personal property under this Trust.
☐ – Limited powers to: [DESCRIPTION].
VIII. REAL ESTATE. The Trust includes: (check one)
☐ – No real estate.
☐ – Real estate with a legal description of: [DESCRIPTION].
IX. EXECUTION. I, the Affiant, declare that this certificate has been examined by me and its contents are true and correct.
Affiant’s Signature: _____________________________ Date: ______________
Print Name: _____________________________