Certificate of Trust vs Declaration of Trust
One creates the trust. The other proves it exists. You need both. Here's the difference and when to use each.
The Short Answer
| Declaration of Trust | Certificate of Trust | |
|---|---|---|
| Purpose | Creates the trust and defines all terms | Proves the trust exists and trustee has authority |
| When to use | When establishing a trust | When interacting with banks, title companies, institutions |
| Privacy | Private — contains all terms, beneficiaries, distributions | Public-facing — contains only essential facts |
| Length | Full document (often 15+ pages) | Summary (1-3 pages) |
| Legal basis | Common law / state trust statutes | Uniform Trust Code §1013 (most states) |
| Who sees it | Trustee, settlor, attorney — private | Banks, title companies, financial institutions |
Declaration of Trust — The Trust Itself
A Declaration of Trust (also called a Trust Agreement) is the document that creates a trust. It contains everything: the trust name, the settlor, the trustee, the beneficiaries, the trust property, the trustee's powers, distribution rules, revocability, succession, and governing law.
This document is private. You don't show it to banks or title companies in full — that's what the Certificate is for. Learn more →
Certificate of Trust — The Proof
A Certificate of Trust (also called a Certification of Trust or Memorandum of Trust) is a summarythat proves the trust exists and the trustee has authority to act. It contains only the facts that institutions need:
- The trust exists and date of execution
- Identity of the settlor
- Identity and powers of the currently acting trustee
- Revocability/irrevocability
- Authority of co-trustees to sign
- Manner of taking title to trust assets
It does not contain the dispositive provisions — who gets what. That stays private. Institutions that receive a Certificate in good faith are protected from liability.Learn more →
How They Work Together
- Create the Declaration of Trust — establish the trust with all terms
- Fund the trust — transfer assets into the trust's name (funding checklist)
- Get a Certificate of Trust — create a summary to show institutions
- Use the Certificate — present it to banks, title companies, and financial institutions when conducting trust business
When You Need Each
If you're creating a trust, you need the Declaration first. Then, every time you need to prove the trust exists to a third party — opening a bank account, buying property, transferring assets — you'll use the Certificate. You may need multiple copies of the Certificate over the life of the trust as institutions request it.