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Certificate of Trust Form - San Benito County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/21/2020
Certificate of Trust Guide - San Benito County
Line by line guide explaining every blank on the form.
Included document last updated 10/21/2020
Completed Example of the Certificate of Trust Document - San Benito County
Example of a properly completed form for reference.
Included document last updated 10/23/2020
*The Following California and San Benito County supplemental forms are included as a courtesy with your order.
Preliminary Change of Ownership
This is a required form, due at the time of recording. There is a $20.00 penalty fee for non-compliance.
Parent to Child Exclusion
California statutes require transferor(s)/seller(s) to sign a claim for a reassessment exclusion for transfers between parent(s) and child(ren). Signatures from both the transferor(s) and transferee(s) are required to complete the claim.
Grandparent to Grandchild Exclusion
The law requires transferor(s)/seller(s) to sign a claim for a reassessment exclusion for transfers between grandparent(s) and grandchild(ren). Signatures from both the transferor(s) and transferee(s) are required to complete your claim.
Change in Ownership Statement - Death of Real Property Owner
This form is used by the executor of the deceased property owner, who files this statement with the county assessor to request a Completed Change in Ownership Statement.
Affidavit of Entity Transfer
California Revenue and Taxation Code Section 62 (a) excludes from reassessment certain transfers of real property between an individual and a legal entity (such as a partnership or corporation), or between legal entities, when the transfer changes only the method of holding title, and the proportional interest of the transferors and transferees remains identical. In order for the Assessor’s office to consider an exclusion from reassessment for your transfer, apply for the exclusion by filing the Affidavit of Entity Transfer on page 2.
Transfer Tax
If your conveyance is exempt, you need the R&T Code of the applicable exemption and a brief explanation. Both are provided on this list.
Building Homes and Job Act
The state of California has recently enacted the Building Homes and Jobs Act, effective January 1, 2018.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by California notaries.
Including:
California Certification of Trust
In California, the certification of trust is governed by Probate Code Section 18100.5.
A certificate of trust is used by an acting trustee or trustees of a trust to prove to financial institutions or other third parties that he/she/they has/have the authority to act on behalf of the trust. The certificate is used in lieu of the full trust document to keep nonessential information about the trust, such as the identities of trust beneficiaries, confidential.
The certificate verifies the existence of the trust and presents the pertinent details of the trust, such as the settlor, the trustee, the powers granted to the trustee, and, in the case that there are co-trustees, the number and identity of persons required to sign legal documents dealing with the trust. The certificate also specifies how the trust will vest title to real property.
Like all documents affecting real estate, the certification requires a legal description of the real property subject to the trust. In California, the certification also must include the trust's taxpayer ID, a number that is either the SSN of the settlor (in the case of revocable trusts) or an EIN assigned by the IRS (in the case of irrevocable trusts).
Trust law can quickly become complicated, and each case is unique, so contact a lawyer with any questions that arise.
Get your San Benito County Certificate of Trust form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the San Benito County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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