Certificate of Trust

Do you need a Certificate of Trust?

This is one of the most used documents in your estate plan. The certification of trust is the document that you use to fund your revocable living trust. Funding is the process by which you put assets into your trust. As you go to your bank or financial institutions to let them know about your trust, they will need proof that you have a valid, legal trust. The certification of trust provides this all-important proof. Instead of providing your entire estate plan to your financial institutions, you instead provide a copy of the 1 to 2-page document to show proof of your trust and to maintain your privacy as much as possible. This document has many very specific legal requirements that are often missed or overlooked in do-it-yourself documents or documents prepared by someone who is not an experienced estate planning attorney. When the certification of trust is improperly prepared and executed, you then are at the mercy of your financial institution and may be forced to provide them with copies of estate planning documents, which should be private.

 Thompson Reuters Super Lawyer