Certificate of Trust — Alaska UTC Adopted
State-specific requirements for a Certificate of Trust in Alaska.Create yours now →
Statutory Citation
Alaska Statutes Title 13, Chapter 36 (Trust Administration), including AS 13.36.079 (Certification of Trust), AS 13.36.090 (Trustee's Duty), AS 13.36.157 (Decanting Power), AS 13.36.370 (Directed Trusts), AS 13.36.375 (Duty and Liability of Directed Trustee), AS 13.36.390 (Powers of Trust Advisors and Trust Protectors). Related: AS 34.27.051 (Rule Against Perpetuities - 1,000-year limit), AS 34.40.110-113 (Spendthrift/DAPT provisions).
Certification Requirements
AS 13.36.079. Except as otherwise provided in the trust instrument, instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish a certification of trust containing: (1) that the trust exists and the date the trust instrument was executed; (2) the identity of the settlor; (3) the identity and address of the currently acting trustee; (4) the powers of the trustee; (5) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust; (6) the authority of co-trustees to sign or otherwise authenticate documents related to the trust and whether all or fewer than all co-trustees are required to exercise the trustee powers; (7) the trust's taxpayer identification number, if the trust has one; (8) the manner of taking title to the property of the trust. (b) May be signed or otherwise authenticated by any trustee. (c) Must state that the trust has not been revoked, modified, or amended in a manner that would cause the representations to be incorrect. (d) Not required to contain the dispositive terms of a trust. (e) Recipient may require the trustee to furnish copies of excerpts from the original trust instrument, including amendments, which designate the trustee and confer power to act in the pending transaction. (f)-(g) Person acting in reasonable reliance without knowledge of incorrectness is not liable and may enforce the transaction against trust property. (h) Person demanding the trust instrument in addition to a certification is liable to the state for a civil penalty not to exceed $1,000 plus actual damages if court determines they did not act in good faith. (i) Person liable for civil penalty shall also be liable for actual court costs and attorney fees. (j) Does not limit the right to obtain a copy of the trust instrument in a judicial proceeding.
Execution Requirements
AS 13.36.040 (Trust Creation) requires trust creation by transfer of property to another person as trustee, declaration by the owner of property that the owner holds identifiable property as trustee, or exercise of a power of appointment in favor of a trustee. The trust instrument should be in writing and executed by the settlor. Notarization is not strictly required under the UTC framework, though it is standard practice. Real property transferred to a trust must be recorded with the Alaska recorder. Certification of trust under AS 13.36.079 may be signed or otherwise authenticated by any trustee; no notary or witness requirement is specified. For Alaska DAPTs, a qualified transfer affidavit must be sworn to by the settlor under AS 34.40.113, including statements that the settlor has full right to transfer the property, the transfer will not render the settlor insolvent, and the settlor does not intend to defraud creditors.
Business Trust Treatment
Alaska recognizes business trusts under its general trust and business entity framework. Alaska Statutes define 'person' to include 'business trust' in various statutory contexts (AS 01.10.060). Alaska does not have a separate, comprehensive statutory trust act like Delaware's, but business trusts are recognized as voluntary associations under common law principles. The Alaska Uniform Trust Code (Title 13, Chapter 36) applies to express trusts and trust administration, not specifically to business trusts formed for commercial purposes. Alaska's trust laws are primarily designed for personal estate planning rather than commercial business trust structures. The Alaska LLC Act (AS 10.50) provides an alternative flexible business entity structure.
Favorable Trust Laws
Alaska was the first U.S. state to enact a Domestic Asset Protection Trust (DAPT) statute in 1997 (AS 34.40.110-113), allowing self-settled spendthrift trusts. The statute of limitations for fraudulent transfer claims is 4 years from transfer or 1 year from discovery, whichever is later. Alaska allows dynasty trusts to exist for up to 1,000 years (AS 34.27.051), measured from the date of trust creation, for both real and personal property. Alaska has no state income tax, making it extremely favorable for trust income accumulation. The state has comprehensive directed trust statutes (AS 13.36.370-375) allowing separation of trustee powers with explicit liability protection. Trust protectors can be granted broad powers including modification of trust terms, removal of trustees, and change of situs (AS 13.36.390). Broad decanting powers enacted in 2014 (AS 13.36.157) allow trustees with discretionary distribution authority to distribute to new trusts with modified terms without court approval. Alaska allows 'silent trust' provisions where beneficiaries need not be informed.
Unique Factors
Alaska was the pioneering state for self-settled asset protection trusts in the United States (1997), establishing significant case law precedent. The 1,000-year dynasty trust duration is one of the longest in the nation. Alaska's no-state-income-tax status, combined with DAPT and dynasty trust provisions, makes it a top-tier trust jurisdiction. The state's certification of trust statute (AS 13.36.079) is unique in imposing a civil penalty of up to $1,000 plus actual damages, court costs, and attorney fees against persons who demand the full trust instrument in bad faith—a stronger enforcement mechanism than most states. Alaska's trust protector and trust advisor statutes (AS 13.36.390) are comprehensive and explicitly allow broad powers. The decanting statute (AS 13.36.157) requires 60 days' notice to qualified beneficiaries but does not require court approval. Alaska's geographic isolation is a practical consideration, but its trust industry is well-established.