Georgia Certification of Trust

Under O.C.G.A. 53-12-280, a certification of trust is the document a trustee uses to establish the existence of trust provisions. The trustee furnishes the certificate to a party other than a trust beneficiary (someone who has a beneficial interest in the trust) in lieu of providing a copy of the full trust instrument. The certificate's purpose is to verify the trust's existence and the trustee's authority to act under the trust.

In trusts affecting real property, the trustee is the person who holds legal title to the real property ( 53-12-2(16)). The trustee's powers are established in the trust instrument, which is executed by a settlor in the creation of a trust.

The certificate contains only the essential information about a trust, including the name and date of the trust and identities of the settlor and acting trustees, as well as any successor trustees. The identities of those having a beneficial interest in the trust remain undisclosed. In addition, the certificate states how trust property should be titled, and whether or not the settlor has the power to revoke the trust. The trustee's powers relevant to the management of trust property are enumerated, as well as restrictions, if any, concerning those powers.

Some third parties might request copies of relevant sections of the trust instrument ( 53-12-280(d)), even though Georgia statutes confirm that the details contained within the certificate are to be presumed correct. This presumption suggests that the recipient of a certification of trust is not liable for actions based on false information given within ( 53-12-280(e)).

Like all recorded documents concerning real property, the certificate should also contain a legal description of the real property subject to the trust, including the property's parcel identification number. The document is executed and acknowledged by all trustees in front of a notary before it is recorded in the county wherein the real property subject to the trust is located.

(Georgia Certificate of Trust Package includes form, guidelines, and completed example) Consult a lawyer with any questions concerning trust certificates.

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

Establish a trust's interest in real property for public record
Sell estate property to satisfy debts or obligations
Transfer property from a trust to a beneficiary
Distribute inherited property among multiple heirs
Convey property as directed by a will or court order
Satisfy title company requirements for trust-held property
Facilitate the sale of trust-held real estate

Compare other Georgia 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 Mineral Deed Mineral Deed with Quitclaim Covenants Trustee Deed Assent to Devise Executor Deed Administrator Deed Transfer on Death Deed Transfer on Death Deed for Joint Tenants with Right of Survivorship Revocation of Transfer on Death Deed Preliminary Notice of Mechanics Lien Claim of Mechanics Lien Notice of Contest of Lien Interim Lien Waiver and Release Affidavit of Non Payment Final Lien Waiver and Release Release of Claim of Lien Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Power of Attorney Deed to Secure Debt and Promissory Note Assignment of Security Deed Cancellation of Security Deed Purchase and Sale Agreement Memorandum of Purchase and Sale Agreement Full Release of Memorandum of Purchase and Sale Agreement Lis Pendens Lis Pendens Discharge Disclaimer of Interest

Important: County-Specific Forms

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

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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