My Account Deeds.com Real Estate Deeds

Delaware Certificate of Trust

Under Del. Code tit. 12, 3591 a certification of trust presents essential information about an existing trust. Instead of providing the entire trust instrument to people who do not have a beneficial interest in the trust, the fiduciary using the certificate ensures that irrelevant or personal information remains undisclosed.

The basic information provided by the certificate includes the trust's name and date, the identity of the trustor funding the trust, and whether or not the trust is revocable, including who is able to revoke the trust. The certificate also clarifies the name by which the trust is to vest title to assets.

The certificate also validates the trustee's authority to act on behalf of the trust by naming the acting trustee, enumerating the powers of the trustee relevant to the transaction at hand, and identifying the signing authority of co-trustees, if applicable. The recipient of a certification may request copies of excerpts from the trust instrument naming the trustee and establishing the trustee's powers, but doing so opens up certain liabilities (Del. Code tit. 12, 3591 (e),(h)).

A certificate of trust also contains the trust's taxpayer ID. This number is either a trustor's social security number, or an employer identification number issued by the IRS, depending on the type of trust. If the certificate is submitted for recording, this information can be redacted pursuant to Del. Code tit. 9, 9627.

Pursuant to Del. Code tit. 12, 3591(c), the certificate requires a statement that the trust has not been revoked, modified or amended in any way that would negate the representations contained within. The document serves as prima facie evidence of the facts presented, and a person relying upon a certification of trust can enforce the subject transaction against the trust property as if the representations contained in the certification were correct (Del. Code tit. 12, 3591(g)).

As with other instruments affecting real estate, include the legal description of the subject property. The certificate is signed by any acting trustee in the presence of a notary public. The preferred format for recorded documents varies across the three Delaware counties, so make sure the certificate's borders and layout meet local requirements.

Note that this instrument is separate from a certificate of statutory trust (under Del. Code tit. 12, 3810). Each case is unique, so contact an attorney with any questions or for complex situations.

Deeds.com Delaware Certificate of Trust Forms Have Been Updated as Recently as Tuesday March 30, 2021

4.8 out of 5 (2766 Reviews)

What others like you are saying:


Tiffany Dawn J. said: Would be nice to have a better description on how to complete the forms if it is separated couple and one is signing the deed over to the other. I am still unsure how it should be worded. Disappointed that the guide didn't have better explanations.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Kimberly M. said: Great service. Very helpful and quick. Love Deeds.com and will be using their services again.

Reply from Staff: Thank you for your feedback Kimberly, we really appreciate it!


Jane H. said: So far, so good!

Reply from Staff: Thank you Jane. Have a great day!


Kathy Ann M. said: Got the report. However, Retrieving process was not clear.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Karla L. said: Perfect! Recorded my completed deed today with no problems.

Reply from Staff: Thank you!


Lori G. said: This was so easy and seemless. I wish I had found deeds.com for eRecording sooner! I submitted my documents from the comfort of my office, they were great about communicating in a timely manner with updates. The next day I had copies of my recorded documents! I would highly recommend deeds.com!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Select County where the property is located.

Delaware Certificate of Trust Form