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Delaware - New Castle County Certificate of Trust Form

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

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 1/4/2021


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 12/28/2020


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 1/7/2021


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


Realty Transfer Tax Return and Affidavit of Value

Realty Transfer Tax Return and Affidavit of Value

The state-wide as well as the county-specific Affidavit of Value are required and due at the time of recordation. Use the New Castle Affidavit of Exemption (pp. 2-3 of Affidavit of Value) when claiming an exemption. Lender may need to sign. The Wilmington Affidavit is required when claiming an exemption from local tax in that city.


Real Estate Tax Return Declaration of Estimated Income Tax

Real Estate Tax Return Declaration of Estimated Income Tax

This form is for a non-resident, pass-through entity or corporation, who transfers real property in Delaware. The form is complete and comes with instructions.


Transfer Tax

Transfer Tax

This information sheet indicates which forms are required by each of the 14 individual communities within New Castle County and how to handle payments.


Transfer Tax Exemptions

Transfer Tax Exemptions

If documentary tax stamp is due, it must be paid at the time of recording. This excerpt from the statutes lists all of the transfer tax exemptions under 5401 (1).


Notary Certificates

Notary Certificates

The supplemental forms in this section can be used as loose certificates by notaries in the state.


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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 the state or local jurisdiction. 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 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 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 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that 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

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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.

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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.

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.

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