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Delaware - New Castle County Certificate of Trust Forms

Express Checkout (Download)

Form Package
Certificate of Trust
State
Delaware
Area
New Castle County
Price
$27.97
Delivery
Immediate Download

Payment Information

Included Forms

All New Castle County specific forms and documents listed below are included in your immediate download package:


New Castle County Certificate of Trust Form Page 1

Certificate of Trust Form - New Castle County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 12/7/2021

New Castle County Certificate of Trust Guide Page 1

Certificate of Trust Guide - New Castle County

Line by line guide explaining every blank on the form.
Included document last updated 5/10/2022

New Castle County Completed Example of the Certificate of Trust Document Page 1

Completed Example of the Certificate of Trust Document - New Castle County

Example of a properly completed form for reference.
Included document last updated 9/6/2022

Included Supplemental Documents

The Following Delaware and New Castle County supplemental forms are included as a courtesy with your order.


Transfer Tax Exemption Sheet (New Castle County Document)


Transfer Tax Information Sheet (New Castle County Document)


Real Estate Tax Return - Declaration of Estimated Income Tax - Form 5403 (New Castle County Document)


Certificate of Acknowledgment - Individual (New Castle County Document)


Realty Transfer Tax Return & Affidavit of Gain & Value - Form 5402 fillable (New Castle County Document)


Certificate of Acknowledgment - Representative (New Castle County Document)


New Castle Affidavit of Value & Affidavit of Exemption (New Castle County Document)


Jurat (New Castle County Document)


Wilmington Transfer Tax Exemption Affidavit (New Castle County Document)


Real Estate Tax Return - Declaration of Estimated Income Tax - Form 5403 (Delaware Document)


Certificate of Acknowledgment - Individual (Delaware Document)


Realty Transfer Tax Return & Affidavit of Gain & Value - Form 5402 fillable (Delaware Document)


Certificate of Acknowledgment - Representative (Delaware Document)


Jurat (Delaware Document)


Frequently Asked Questions:

  • How long does it take to get my forms?
    • Forms are available immediately after submitting payment.
  • What are supplemental forms?
    • Often when a deed is recorded additional documents are required by Delaware or New Castle County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
  • How do I get my forms, are they emailed?
    • After you submit payment you will see a page listing the New Castle County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our New Castle County Certificate of Trust forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
  • Can the Certificate of Trust forms be re-used?
    • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in New Castle County that you need to transfer you would only need to order our forms once for all of your properties in New Castle County.
  • Are these forms guaranteed to be recordable in New Castle County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by New Castle County including margin requirements, content requirements, font and font size requirements.
  • Do I have to enter all of my property information online?
    • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
  • Can I save the completed form, email it to someone?
    • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
  • Do I need any special software to use these forms?
    • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Certificate of Trust Forms:

  • New Castle County

Including:

  • Bear
  • Claymont
  • Delaware City
  • Hockessin
  • Kirkwood
  • Middletown
  • Montchanin
  • New Castle
  • Newark
  • Odessa
  • Port Penn
  • Rockland
  • Saint Georges
  • Townsend
  • Wilmington
  • Winterthur
  • Yorklyn

What is the 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.

Our Promise

The documents you receive here will meet, or exceed, the New Castle County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your New Castle 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 and local jurisdictions.

Customer Reviews:

4.8 out of 5 (3723 Reviews)


September 29th, 2022

Name: David M.

Review: Holy cow. I was told by several people that getting a deed recorded would take 7-10 days. So I thought I'd give deeds.com a try with their e-filing service. I created my account and submitted my deed around 4:00 p.m. and it was recorded before I woke up the next morning. Awesome service! Totally worth the $19 service fee.

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September 28th, 2022

Name: Angel C.

Review: Solid forms hitting all the marks (statutory requirements) Fairly simple to accomplish what I was looking to do with minimal research. Would certainly use again when needed.

Reply from Staff on September 28th, 2022

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September 28th, 2022

Name: ian a.

Review: Your website advertising was somewhat deceptive regarding doing a quitclaim on a name change. "If you are transferring the property to yourself under your new name, all you have to do is update the deed from your former name to your current one." This made this sound easy. But when I downloaded the material for my state, expecting to find an example, there was no example of how to do a name change quitclaim deed! I therefore had to figure this out myself. You might have provided a warning about certain uses that were not covered in the material so that people know ahead of time that the use they needed to know about wasn't covered in the material.

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Name: Cheryl B.

Review: I did this on a desktop using a scanned .pdf file. Simple, straight-forward, excellent instructions, easy, fast, and well documented for each step. From account creation to proof of recording: 4 hours... from the comfort of my home. I would highly recommend this service to anyone, including - and maybe especially - those who are looking for fast recording who aren't well versed in computers and on-line processes. Well done in all ways.

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Name: Nicole M.

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Name: June G.

Review: AMAZING! Easy to use, reasonable fee - and get MUCH MORE than just a deed form. I ordered a "deed" and received a whole "package," including a guide and the jurisdiction's costs schedule and cover page that would be needed to record the deed - even included a Certificate of Transfer that is not required for a deed but something I needed for a different transaction. The website was extremely easy to use and the cautions about not disclosing personal information were so clear and personal, they made me feel secure in knowing this site was not trying to rip me off. Very professional. Well done.

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Name: Craig L.

Review: So far so good. I will let you know after a successful recordation of the deed.

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