Georgia - Habersham County Certificate of Trust Forms

Included Forms

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

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Included Supplemental Documents

The Following Georgia and Habersham County supplemental forms are included as a courtesy with your order.

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Affidavit Certificate (Georgia Document)

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Credible Witness Affidavit (Georgia Document)

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Translator Affidavit Certificate (Georgia Document)

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Witness Signature Certificate (Georgia Document)

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Copy Certification by Notary (Georgia Document)

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Copy Certification by Document Custodian (Georgia Document)

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Guide to Georgia Homestead Exemptions (Georgia Document)

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Application for Homestead Exemption (Georgia Document)

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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 Georgia or Habersham 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 Habersham 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 Habersham 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 Habersham County that you need to transfer you would only need to order our forms once for all of your properties in Habersham County.
• Are these forms guaranteed to be recordable in Habersham County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Habersham 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:

• Habersham County

Including:

• Alto
• Clarkesville
• Cornelia
• Demorest
• Mount Airy
• Turnerville

What is the Georgia Certificate of Trust?

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.

Consult a lawyer with any questions concerning trust certificates.

Our Promise

The documents you receive here will meet, or exceed, the Habersham 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 Habersham 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.

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