Certification of Trust

Nearly 20% of Americans have a Living Trust that protects their assets in several ways. When you place real estate, precious art, family heirlooms, savings accounts, or any other essential items into a Living Trust, you're no longer in charge of handling them. 

A trustee takes over and oversees their management from that moment on. A trustee has a fiduciary duty towards the beneficiaries of the Living Trust and can't use the agreement for their personal gain. 

Still, they can open bank accounts, buy and sell real estate, and perform similar actions. To do that, they need to prove to banks and other institutions that they're indeed the trustee. 

However, as many people choose to create Living Trusts to avoid the probate process and retain privacy, trustees can't use the Living Trust agreement as evidence. Instead, they can use the Certification of Trust. 

What Is a Certification of Trust?

In the simplest terms, a Certification of Trust is a document that certifies the existence of a particular Living Trust. The main benefit of Certification of Trust is that it doesn't contain all the details the Living Trust does but serves the same purpose. 

Many grantors want to conceal the names of their beneficiaries or don't want public institutions to have insight into their personal assets. 

Therefore, they urge the trustee to use the Certification of Trust when moving the assets in any way. The certification gives all the pertinent information banks or real estate agencies need to conduct business. 

A Certification of Trust or Memorandum of Trust essentially gives the authority to the trustee to complete the duties assigned to them. 

Other Names for Certification of Trust

Depending on your state, you may also know a Certification of Trust as:

• Certification of Trustee
• Certification of Living Trust
• Certification of Inter Vivos Trust
• Memorandum of Trust
• Abstract of Trust
• Trust Certification 

Who Needs a Certification of Trust?

A Certification of Trust is a document created for the trustee. This person can be almost anyone, as long as they are of legal age. 

However, as they are in charge of overseeing finances, the trustee is typically someone the grantor can trust completely. The trustee can also be a neutral party, such as an attorney compensated for their services. 

Why Use Swyft Forms for Your Certification of Trust?

Customized for You, By You

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Certification of Trust.

Specific to Your Jurisdiction

Laws vary by location. Each document on Swyft Forms is customized for your state.

How to Create a Certification of Trust With Swyft Forms

The Certification of Trust is a reasonably straightforward document but must contain accurate information. Creating an abbreviated version of a Living Trust can take time, and sometimes you need the document in a hurry. That's why we offer a more straightforward solution. 

Let Swyft Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you need to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Certification of Trust?

To create your document, please provide:

• The Name of the Trust: The exact name of the trust and its creation date.
• Type of Trust: A statement regarding the kind of trust (revocable or irrevocable).
• Grantor Details: Full legal name and contact information of grantor (the settlor).
• Trustee Details: Full legal name and contact information of the trustee.
• Trustee's Powers: The scope of trustee's powers, including what they can buy, sell, or exchange.
• Tax ID Number: A specific tax identification number assigned to the trust agreement.
• Property Description: If the trust protects real estate, a legal description of the property is required.
• Signature: The grantor must sign the certification to be legally enforceable.

Certification of Trust Terms

• Living Trust: A legally binding document that places the grantor's assets in control of the trustee for the sake of the beneficiary 
• Grantor: A person with assets creating a living trust 
• Trustee: A person in charge of managing assets in a living trust
• Beneficiary: Person who inherits the assets in a living trust 
• Estate Planning: Thorough planning of asset management in the event of incapacitation or death
• To Revoke: To cancel the stipulated terms of the living trust
• Fiduciary Duty: A responsibility of one party to act in the best interests of another 
• Probate: A legal process of review and verification of a Will
• Governing Law: A clause in the agreement that stipulates which states' law to use in case of a dispute

Certification of Trust Signing Requirements

You should carefully review a Certification of Trust to ensure it matches the information in the Living Trust. To be legally enforceable, the grantor must sign it in the presence of the notary public. Make sure to check the state's laws for additional requirements. 

What to Do With Your Certification of Trust?

Once the Certification of Trust is signed and notarized, you should distribute several copies. It doesn't contain any private details, so a county clerk's office should receive a copy, unlike a Living Trust. The grantor and the trustee should also have a copy of the certificate.