Alabama Certificate of Trust

Certificate of Trust for Real Estate Located in Alabama

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Ala. Code 19-3B-1013 outlines the requirements for a certification of trust in the State of Alabama.

When acquiring property in the name of a trust or transferring property to a trust, the bank or escrow company approving the transfer requires confirmation of the trustee's authority to act. Instead of furnishing a copy of the original trust, which may contain personal information, a trustee can provide a document called a certification of trust, or trust certificate, to avoid disclosing personal information to someone who is not a beneficiary of the trust.

The certification of trust acts as evidence of the existing trust, and verifies the trustee's status to act on its behalf. According to the law, the recipient of the certification of trust may also require the trustee to furnish excerpts from the original trust and later amendments that designate the trustee and enumerate the trustee's powers. However, a certificate of trust is sufficient documentation to establish the trustee's liability for the existence of the facts contained in the certification.

(Alabama Certificate of Trust Package includes form, guidelines, and completed example) Contact a lawyer with any questions regarding certificates of trust.

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