Certification of Trust prepared in California

It is a short sworn document, authorized by Probate Code §18100.5, that a trustee gives to a bank, brokerage, escrow company, or lender instead of the full trust. It states that the trust exists, when it was executed, who the settlors and currently acting trustees are, what powers the trustee has, whether the trust is revocable, how title is taken, and that the trust has not been revoked or amended in a way that would make those statements wrong. It is signed by all currently acting trustees.

Common, yes. Template and DIY trust packages typically deliver the trust and a pour-over will, and stop there. Nothing is wrong with your trust — you simply have no short-form document to hand an institution when it asks who may act. That is what people call us about: not a defective trust, a missing certification. We prepare one from the trust you already have, flat $200.

They can ask, and they are exposed if they push it in bad faith. Under §18100.5, a person who demands the trust documents rather than accepting a valid certification can be liable for damages, including attorney’s fees, where a court finds the demand was made in bad faith. Two exceptions: a beneficiary may request the trust, and the rule does not apply in litigation over the trust. An institution may also properly ask for the excerpts showing trustee succession or the specific power to act in that transaction — that is narrower than the whole trust. If you are being asked for everything, it is usually worth pointing to the statute before you comply.

Usually one business day, often the same day if you send the trust early and the closing date is tight. Tell us the closing date at first contact, because that sets the schedule. Send the trust, the escrow officer’s written request if you have it, and the property address. If the hold-up is a deceased trustee still on record title, you will likely need an affidavit of death of trustee as well — we prepare both together so the sequence is right.

No, and that is the point of using one. Probate Code §18100.5 expressly provides that the certification is not required to contain the dispositive provisions — the terms setting out how the trust estate is distributed. The institution learns that the trust exists and who may sign for it. It does not learn who inherits, what they receive, or any condition you attached.

The statute does not require notarization. In practice, banks, title companies, and lenders expect it, and an un-notarized certification invites a second round of questions. We prepare yours notary-ready so you can sign it in front of a notary once and be done.

You can, and the failure mode here is specific. A certification is only useful if its statements match the trust exactly — the trust name as written, the execution date, the currently acting trustees, and the powers. Free forms prompt for none of that reliably, and they are often written for another state. What happens is not a dramatic rejection; the institution simply comes back asking for more, and you end up handing over the full trust anyway, which is what you were trying to avoid. If an amendment or restatement changed the trustee, a generic form will miss it entirely.

All currently acting trustees. If you and your spouse are co-trustees, you both sign. If a successor trustee has taken over after a death or resignation, the successor signs — and will usually need to show the institution the excerpt establishing that succession. If your trust names co-trustees who must act together, that requirement carries into the certification.

Usually both, and they do different jobs. The affidavit of death of trustee is recorded with the county and clears the deceased trustee off the record title to real property. The certification proves to banks, brokerages, and escrow that you are now the acting trustee and may sign. Recording the affidavit does not tell a bank anything, and a certification does not clean up the public record. Send us the recorded deed and the trust and we will tell you which you need before you pay for anything.

One certification can be used with multiple institutions while it remains accurate. It needs to be redone when something it states changes — a new trustee takes over, the trust is amended or restated in a way that affects the trustee or the powers, or an institution requires one dated more recently. Some banks ask for a certification signed within a recent window as a matter of internal policy.

Not normally. A certification is handed to the institution asking for it, not recorded. Real property matters are handled by recorded instruments — a trust transfer deed to move property into the trust, or an affidavit of death of trustee to clear a deceased trustee from title. If a title company has asked you to record something, tell us exactly what they asked for, because it is usually one of those rather than the certification.

People use the terms interchangeably, and in California the document the Probate Code actually defines is the certification of trust under §18100.5. If an institution asks you for an “abstract of trust,” a certification is normally what satisfies them. If they insist on something different, send us their written request and we will look at what they are actually asking for.

Yes, at the same flat $200. We prepare the certification and email it with signing instructions. From another state you sign before any notary public licensed where you live. From outside the country the acknowledgment is normally taken at a U.S. embassy or consulate, and California also accepts a notary of that country. Nothing needs to be recorded, so there is no county to satisfy and no travel to California.

A flat $200, quoted before you pay anything. There are no court or recording fees, because the certification is not filed or recorded anywhere. Notarization is paid separately to the notary. If you need it alongside a trust transfer deed or an affidavit of death of trustee, tell us and we will quote the set together.

Not for the document. Preparing a certification from an existing trust is document work, which a California Registered Legal Document Assistant does at your direction under Business and Professions Code §6400. TruPoint Legal is LDA #268, registered and bonded in Santa Clara County. An attorney is the right call when the trust itself is unclear about who succeeds as trustee, when co-trustees disagree, or when someone is contesting the trust — because those need someone who can interpret the document and advise you, which we cannot do.

The trust document — at minimum the first page, the pages naming the trustee and successor trustee, the trustee powers, and the signature page — plus any amendments or restatements, and the name of the institution asking for the certification. If a bank or escrow gave you a written request, send that too; it tells us exactly what they need to see. Intake takes about ten minutes and nothing is charged until we confirm the flat fee.