In California, the certification of trust is governed by Probate Code Section 18100.5.
A certificate of trust is used by an acting trustee or trustees of a trust to prove to financial institutions or other third parties that he/she/they has/have the authority to act on behalf of the trust. The certificate is used in lieu of the full trust document to keep nonessential information about the trust, such as the identities of trust beneficiaries, confidential.
The certificate verifies the existence of the trust and presents the pertinent details of the trust, such as the settlor, the trustee, the powers granted to the trustee, and, in the case that there are co-trustees, the number and identity of persons required to sign legal documents dealing with the trust. The certificate also specifies how the trust will vest title to real property.
Like all documents affecting real estate, the certification requires a legal description of the real property subject to the trust. In California, the certification also must include the trust's taxpayer ID, a number that is either the SSN of the settlor (in the case of revocable trusts) or an EIN assigned by the IRS (in the case of irrevocable trusts).
Trust law can quickly become complicated, and each case is unique, so contact a lawyer with any questions that arise.
(California Certificate of Trust Package includes form, guidelines, and completed example)
Nothing on this website should be considered a substitute for the advice of an attorney.
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