What the document is
A certification of trust confirms that a trust exists, names the trustee, states the powers, and identifies who can sign for it. It usually leaves out private details such as who receives assets. An attorney typically prepares it.
Some states set content rules, so a form from a different state may not work.
Who signs
The current trustee signs, often with every co-trustee if there are several. Each signer needs their own ID and acknowledgment. If a trustee has died or resigned, extra documents may be required to show the change.
A notary does not decide who the trustee is. They rely on the signature block and ID.
Notary checks
The notary confirms each trustee's identity and willingness and completes the acknowledgment. The notary checks that the trust name, date and trustee names are filled in as the attorney intended. They do not compare it to the trust agreement.
If the trustee signs in a capacity such as 'Trustee of the Smith Family Trust', the capacity should appear in the signature block.
How institutions use it
A bank may use the certification to open an account or retitle assets. A title company may use it for a sale or refinance. Each may have its own form, so ask first. Some will still request pages of the trust itself.
If the document is to be recorded, the recording office may require specific formatting.
Keeping it current
If the trustee changes, the certification should be updated. Keep dated originals so you know which version each institution holds. Review with your attorney after major changes.
MCC Solutions can attend a trustee at home, office or care facility for the signing.
Why banks sometimes still ask for more
A certification is meant to save you from handing over the whole trust. Still, some institutions have internal policies that ask for the first page, the signature page or specific sections. Ask beforehand what the bank wants so you do not make multiple trips.
Some financial firms ask for a trustee's affidavit instead, which is a sworn statement rather than an acknowledged certification. The notary completes either, but the certificate type differs. Tell the notary which one the document uses.
Also check the date. Some institutions only accept certifications signed within a recent period. If your attorney prepared it months ago, ask whether it needs updating. Finally, remember that a successor trustee will need to sign a new certification after taking over, with supporting documents such as a death certificate.
Remember to review the trustee list whenever a family event changes it. After a death, a divorce, a resignation or an incapacity, the person listed may no longer have power to act. Present an updated certification to every bank, brokerage and title company that holds a copy, and ask each to replace the old one in its file. Otherwise an outdated document can sit in a drawer and cause confusion later.
Common questions
Is it the same as the trust itself?
No. It is a short summary of key facts.
Do all trustees need to sign?
That depends on the trust and the receiving institution. Ask your attorney.
Can the signing be remote?
Often yes where the institution accepts it.
More notary guides
- Satisfaction of Mortgage and Lien Release Signing
- Deed Signing: What the Notary Checks on the Paper
- Notarizing a Business Contract: What the Notary Does
This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.