All Montgomery County specific forms and documents listed below are included in your immediate download package:
The Following Georgia and Montgomery County supplemental forms are included as a courtesy with your order.
Affidavit Certificate (Georgia Document)
Credible Witness Affidavit (Georgia Document)
Translator Affidavit Certificate (Georgia Document)
Witness Signature Certificate (Georgia Document)
Copy Certification by Notary (Georgia Document)
Copy Certification by Document Custodian (Georgia Document)
Guide to Georgia Homestead Exemptions (Georgia Document)
Application for Homestead Exemption (Georgia Document)
Including:
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.
The documents you receive here will meet, or exceed, the Montgomery County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Montgomery 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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