Certification of a Trust in Colorado

When a trustee wishes to conduct business with a bank in the name of a trust, he/she needs to prove his/her authority to do so by producing a certification of trust, governed by C.R.S. 11-105-111 (2017). The certification of trust stands as prima facie evidence of the facts presented within.

Similar to a statement of authority, which identifies a trust and its trustee, and is recorded alongside a conveyance of real property into a trust, the certificate of trust verifies the existence of a trust and a trustee's authority to act on behalf of the trust. However, the certificate of trust is not necessarily recorded, and it provides more information about the trust.

The certificate functions as "evidence of the trust relationship" by presenting essential information about the trust (C.R.S. 11-105-111(1)). It is a summary of the trust agreement conferring administrative powers to the trustee, and sometimes contains excerpts of the relevant information directly from the trust agreement. The certificate does not disclose nonessential provisions of the trust agreement, such as the identity of those having a beneficial interest in the trust, which some may prefer to keep confidential.

A valid certificate contains the trust's name and date, the identities of the settlor and the acting trustee, and the powers of the acting trustee regarding the transaction at hand. In addition, it identifies the trust as either irrevocable or revocable, and confirms who holds a power to revoke the trust, as well as the name by which the trust will hold title to assets. As with other documents affecting real property, the certificate should contain a legal description, including the commonly known street address of the property.

Trust law can quickly become complicated, and each situation is unique, and some lending institutions may require further information to supplement a certificate of trust.

(Colorado Certificate of Trust Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Certificate of Trust

Satisfy title company requirements for trust-held property
Transfer property held in a revocable or irrevocable trust
Convey property from an estate to a buyer
Transfer property from a deceased person's estate
Provide evidence that a trustee has authority to transact
Notify third parties of a trust's interest in real property
Record a trust's ownership interest with the county

Compare other Colorado deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination, Cancellation of Easement / Right of Way Deed of Trust and Promissory Note Release of Deed of Trust WITH Production of Evidence Release of Deed of Trust WITHOUT Production of Evidence Assignment of Deed of Trust Memorandum and Notice of Agreement Full Release of Memorandum and Notice of Agreement Limited Power of Attorney for the Sale of Real Property Limited Power of Attorney for the Purchase of Real Property Statutory Durable Power of Attorney Beneficiary Deed Beneficiary Deed Revocation Affidavit of Deceased Grantor Affidavit of Deceased Joint Tenant Disclaimer of Interest Personal Representative Deed of Distribution Personal Representative Deed of Sale Trustee Deed Preliminary Notice of Mechanics Lien Statement of Mechanics Lien Mechanics Lien Release Conditional Lien Waiver Unconditional Lien Waiver Lis Pendens Lis Pendens Release Statement of Authority Mineral Deed Mineral Deed with Quitclaim Covenants

Important: County-Specific Forms

Our certificate of trust forms are specifically formatted for each county in Colorado.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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