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Certificate of Trust Form - Otero County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 7/22/2020
Certificate of Trust Guide - Otero County
Line by line guide explaining every blank on the form.
Included document last updated 7/10/2020
Completed Example of the Certificate of Trust Document - Otero County
Example of a properly completed form for reference.
Included document last updated 7/30/2020
*The Following Colorado and Otero County supplemental forms are included as a courtesy with your order.
TD 1000 Real Property Transfer Declaration
The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S.
DR 1083 Colorado Department of Revenue
File this form within 30 days of closing with the Colorado Department of Revenue, together with DR 1079 if applicable. Instructions are included.
DR 1079 Withholding Tax Form
This form is used to pay withholding tax if any is owed.
Non Resident Property Transfer
With certain exceptions, sales of Colorado real property valued at $100,000 or more, if made by nonresidents of Colorado, are subject to a withholding tax in anticipation of the Colorado income tax that will be due on the gain from the sale. The information sheet here provides the necessary details. If the property transfer meets the criteria, the above regular tax forms (DR 1083 and DR 1079) are used by nonresidents.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
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.
Get your Otero 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 Otero 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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