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Arkansas Certificate of Trust

Under A.C.A. 28-73-1013, a trustee can furnish a certification of trust in lieu of the trust instrument to prove his or her authority to act on behalf of an established trust.

The certification is an official document a recipient can rely upon, and assume without inquiry the existence of the facts contained within (28-73-1013(f)(1)). The document contains only information about the trust deemed relevant to the immediate transaction for which it is requested. The recipient has the right to request excerpts from the trust document containing the information presented in the certificate, but this opens the recipient to certain liabilities (e),(h).

The certification includes basic information such as the name, date, and type (revocable or irrevocable) of the subject trust, and verifies that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect (c). It discloses the identities of the trust's settlor and all acting trustees, but maintains the confidentiality of anyone having a beneficial interest in the trust. The powers of the trustee relevant to the conveyance of trust property are enumerated, as well as any requirements for authenticating documents in the case that there are multiple trustees. Finally, the certificate establishes the name by which a trust will vest title to real property.

As with all documents relating to real estate, the certification should contain a legal description of the subject property. This is the same legal description found on the deed conveying the property into the trust. The certification of trust is signed by any trustee in front of a notary public before it is recorded in the county in which the subject property is situated.

Each case is unique, so contact an attorney with any questions regarding certifications of trust or for complex situations.

Deeds.com Arkansas Certificate of Trust Forms Have Been Updated as Recently as Tuesday July 7, 2020

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Michelle M. said: The website was easy to navigate and great communication on every step of the process.

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Jay W. said: your service is more than I expected easy to navigate, great info, easy to understand. other other sites every time you go to next page there is something to buy to get the info you want. Jay

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Michael T. said: Good site. Two things to note. 1. The Documentary Transfer Tax Exemption sheet, the word "computer" is used when I think it should be "computed" Error in state form? 2. The California Trust Guide could have a watermark which is less distracting. Kind of hard to read the print with the DEEDS.COM logo so prominent.

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Gretchen N. said: The filled out form could have been placed on the real form then deleted with current info. Form quite simplified but example & help good.

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Adan S. said: Five star

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Shane T. said: The Transfer on Death Deed form package was very good. But like anything, could use some improvements. There is not enough space to fill more than one beneficiary with any level of additional detail like "as his sole and separate property" The area for the legal description could be a bit bigger and potentially fit many legal descriptions. Or it could be made to simply say "See Exhibit A" as is likely necessary for most anyway. The guide should indicate what "homestead property" means so the user doesn't have to research the legal definition. (which turns out to be obvious, at least in my state, if you live there, it's your homestead.) It would be helpful if an "Affidavit of Death" form were included in the package for instances where the current deed hasn't been updated to reflect a widowed owner as the sole owner before recording with only the one signature.

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Arkansas Certificate of Trust Form