Certificate of Trust
A Certificate of Trust proves a trust exists and authorizes the trustee to act — without disclosing the full private trust agreement. Required by banks, title companies, and financial institutions under the Uniform Trust Code §1013.
What is a Certificate of Trust?
A Certificate of Trust (also called a Certification of Trust or Memorandum of Trust) is a summary document that allows a trustee to prove the existence of a trust and their authority to act on its behalf — without revealing the full terms of the trust agreement. It is recognized underUniform Trust Code §1013, which has been adopted in most U.S. states.
When you open a bank account, transfer real property, or conduct business on behalf of a trust, the institution will typically ask for proof that the trust exists and that you are authorized to act. The Certificate of Trust provides exactly this — it certifies the essential facts without disclosing the private dispositive provisions (who gets what).
What it contains
- Trust existence and date — that the trust exists and when the trust instrument was executed
- Settlor identity — who created the trust
- Trustee identity and address — who is currently acting as trustee
- Trustee powers — a synopsis of the trustee's relevant powers
- Revocability status — whether the trust is revocable or irrevocable, and who holds the power to revoke
- Co-trustee authority — if there are multiple trustees, whether all must sign or fewer may act
- Trust tax ID — the trust's taxpayer identification number (SSN or EIN)
- Manner of taking title — how trust property should be titled
- Statement of non-revocation — that the trust has not been revoked or modified in a way that invalidates the certification
What it does NOT contain
The Certificate of Trust does not include the dispositive provisions of the trust — meaning it does not reveal who the beneficiaries are, what they receive, or how distributions are made. This is the key privacy benefit: you can prove authority to act without exposing your estate plan.
Institutional acceptance
Under UTC §1013(h), a person who demands the full trust instrument in addition to a Certificate of Trustwithout good faith may be liable for damages and attorney's fees. Most banks, title companies, and financial institutions are familiar with the Certificate of Trust and will accept it in lieu of the full trust agreement. Some institutions may still request the full instrument — this is permitted if they have a good faith reason to do so.
State Requirements
While the Uniform Trust Code provides a model, each state has its own specific requirements for what a Certificate of Trust must contain, whether notarization is required, and whether it can be recorded. We have research guides for all 50 states: