Certificate of Trust Overview

A certificate of trust is a summary of a trust document that confirms the existence of the trust and the authority of its trustees. Financial institutions and other third parties require this proof before processing transactions involving the trust’s assets. In many states, it is legally required to record the document with the county clerk, especially if the trust contains real property.

Completing a Certificate of Trust
A certificate of trust is completed by the trust’s trustee, the party authorized to manage the trust on behalf of its beneficiaries.

Affidavit of Trust vs. Certificate of Trust

An affidavit of trust and certificate of trust are virtually the same thing and serve the same purpose: to certify the existence of the trust and the trustee’s authority. Some institutions and jurisdictions may also refer to this type of form as a “certification of trust.”

However, it’s important not to confuse this document with a “trust certificate” (a type of bond typically issued by companies).

Sample

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CERTIFICATE OF TRUST

STATE OF [STATE]
COUNTY OF [COUNTY]

1. AFFIANT. I, [AFFIANT NAME] (“Affiant”), being duly sworn, deposes and states under penalty of perjury that the foregoing is true and correct.

2. TRUST. The Trust is known as [TRUST NAME] (“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.

1. Type. The Trust is considered: (check one)
  ☐ – Revocable
  ☐ – Irrevocable
2. Date. The Trust was signed on [MM/DD/YYYY].
3. Tax ID Number. [TAX ID #]

3. SETTLOR(S). [SETTLOR(S) NAME(S)] (“Settlor(s)”) with a mailing address of [SETTLOR ADDRESS].

4. TRUSTEE(S). [TRUSTEE NAME(S)] (“Trustee(s)”) with a mailing address of [TRUSTEE ADDRESS].

5. SUCCESSOR TRUSTEE(S). [SUCCESSOR TRUSTEE NAME(S)] (“Successor Trustee(s)”) with a mailing address of [SUCCESSOR TRUSTEE ADDRESS].

6. AUTHORITY. The authority to act on behalf of the Trust requires:

☐ – One (1) Trustee to sign.
☐ – [#] Trustee(s) to sign.

7. 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: [POWERS].

8. REAL ESTATE. The Trust includes: (check one)

☐ – No real estate.
☐ – Real estate with a legal description of: [PROPERTY DESCRIPTION].

9. 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: [AFFIANT NAME]

NOTARY ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of [STATE]
County of [COUNTY]

The foregoing instrument was acknowledged before me, [NOTARY PUBLIC NAME], on [MM/DD/YYYY], by the undersigned, [AFFIANT NAME], who is personally known to me or satisfactorily proven to me to be the person whose name is subscribed to the within instrument.

WITNESS my hand and official seal.

Signature: ________________________

(Seal)

Certificate of Trust

Certificate of Trust