Banks County Certificate of Trust Form

Additional Georgia and Banks County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Banks County

Properties in any of these areas use Banks County forms:

• Baldwin
• Commerce
• Homer
• Maysville

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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.

Important: Your property must be located in Banks County to use these forms. Documents should be recorded at the office below.

This Certificate of Trust meets all recording requirements specific to Banks County.

Our Promise

The documents you receive here will meet, or exceed, the Banks 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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