Certificate of Trust — Connecticut UTC Adopted
State-specific requirements for a Certificate of Trust in Connecticut.Create yours now →
Statutory Citation
Conn. Gen. Stat. § 45a-499a et seq. (Connecticut Uniform Trust Code, enacted by P.A. 19-137, effective January 1, 2020). Certificate of trust: § 45a-499zzz. Statutory/business trust: Conn. Gen. Stat. § 34-500 et seq. (Connecticut Statutory Trust Act, enacted by P.A. 96-271, effective October 1, 1997).
Certification Requirements
Under § 45a-499zzz(a), a certification of trust must contain: (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; (6) the authority of cotrustees to sign/authenticate and whether all or less than all are required to exercise trustee powers; (7) the trust's taxpayer identification number; (8) the manner of taking title to trust property. § 45a-499zzz(c): must state that the trust has not been revoked, modified, or amended in any manner that would cause representations to be incorrect. Need not contain dispositive terms (§ 45a-499zzz(d)). No statutory form—statutory requirements only.
Execution Requirements
Certification of trust may be signed or otherwise authenticated by any trustee (§ 45a-499zzz(b)). No statutory requirement for notary or witnesses on the certification of trust. For trust instruments: Connecticut does not require notarization for a revocable living trust to be valid, but notarization is recommended. For statutory trusts under the Connecticut Statutory Trust Act (§ 34-503): a certificate of trust must be filed with the Secretary of the State; § 34-504 requires execution of certificates (signed by trustees). Recording of non-statutory trust instrument not required. Connecticut probate court oversight is notable—Connecticut has a unique probate court system with jurisdiction over trusts.
Business Trust Treatment
Connecticut has a dual system: (1) The Connecticut Statutory Trust Act (Chapter 615, § 34-500 et seq.) creates statutory trusts as separate legal entities—explicitly includes 'a trust of the type known at common law as a business trust or Massachusetts trust or grantor trust' that files a certificate of trust under § 34-503. The Act applies to common law business trusts (§ 34-502). (2) Common law business/Massachusetts trusts are recognized independently. The statutory trust framework is modern, flexible, and emphasizes freedom of contract (§ 34-546(b): 'maximum effect to the principles of freedom of contract and to the enforceability of governing instruments'). Statutory trusts can be created for any lawful purpose (§ 34-502a). Foreign statutory trusts can register with the Secretary of State (§ 34-531).
Favorable Trust Laws
Connecticut adopted the UTC relatively recently (effective Jan 1, 2020), bringing modern trust law including: nonjudicial settlement agreements (§ 45a-499mmm), trust decanting (C.G.S. § 45a-545a, effective January 1, 2024—the Connecticut Uniform Trust Decanting Act), directed trusts, and virtual representation. Connecticut has a state income tax and estate tax (with a high exemption matching federal). The state has favorable provisions for trust modification and termination. The statutory trust act provides limited liability for trustees and beneficial owners. Connecticut's probate court system provides specialized trust oversight, which can be both an advantage (expertise) and a consideration (court involvement). Connecticut has no gift tax.
Unique Factors
Connecticut is unique because: (1) It was a relatively late UTC adopter (2020), meaning its trust law is very current and incorporates recent uniform law developments; (2) The Connecticut Statutory Trust Act (1997) explicitly encompasses common law business trusts, Massachusetts trusts, and grantor trusts within its statutory trust definition—any such association that files a certificate of trust becomes a statutory trust and separate legal entity (§ 34-501(2)); (3) Connecticut has a unique probate court system (separate Probate Court) with specialized jurisdiction over trusts—this is distinctive among states; (4) Trust decanting was only added in 2024, making Connecticut one of the most recent decanting adopters; (5) The Connecticut UTC includes provisions for trust directors (§ 45a-499fff et seq.) reflecting the Uniform Trust Directive Act concepts; (6) Connecticut emphasizes freedom of contract in both its UTC and statutory trust act.