My Account Deeds.com Real Estate Deeds

Kansas Certificate of Trust

Part of the Kansas Uniform Trust Code, the certification of trust is codified at K.S.A. 58a-1013.

In lieu of the trust instrument, a trustee doing business with a third party who is not a trust beneficiary can provide an acknowledged certification of trust. The certification is an abstract of the trust instrument and contains only information essential to the transaction.

A trust instrument, executed by the trust's settlor, contains the trust provisions. It designates a trustee, or a fiduciary that represents the trust. The trust instrument also identifies the trust beneficiaries, or the person(s) having a present or future interest in the trust (K.S.A. 58a-103(2)(A)).

A certification of trust does not disclose the trust's beneficiaries, or other information a settlor may wish to keep private. In Kansas, only trust instruments pertaining to "the state, or any county, municipality, political or governmental subdivision, or governmental agency of the state as the beneficiary" are required to be recorded (K.S.A. 58-2431, 2).

The document certifies, first and foremost, the existence of the trust and the trustee's authority to represent the trust. The certification also states the name, date, and type (revocable or irrevocable) of trust and provides the identity of the trust's settlor, or the person who established the trust and is funding the trust with assets, as well as the name of any person able to revoke the trust, if applicable.

In addition, the certification details the powers that the trustee has been granted relevant to the transaction at hand. For trusts with more than one trustee, the document identifies all trustees who may authorize documents relating to the trust and whether all or less than all is required to authenticate trust documents. Finally, the certification should include the manner of taking title to trust property.

All Kansas documents affecting real property require a legal description. If using the document in conjunction with a trustee's deed, the certification should contain the legal description of the subject real property.

A recipient of a certification of trust can request copies of excerpts from the original trust instrument and later amendments which designate the trustee and confer the power to act in the pending transaction, but may assume without inquiry the existence of the facts contained in the certification (K.S.A. 58a-1013(e),(f). Requesting the entire trust instrument in addition to the certification or excerpts opens the recipient to certain liabilities in court.

Consult a lawyer for guidance and with any questions relating to trusts or certifications of trust, as each situation is unique.

Deeds.com Kansas Certificate of Trust Forms Have Been Updated as Recently as Wednesday July 8, 2020

4.8 out of 5 (1601 Reviews)

What others like you are saying:


crystal l. said: Another legal professional directed me to this site. The best advice I've received from the legal profession! Forms were instantly available, easily printed & exactly what I needed at a cost that was more than affordable!! I will definitely be back again!!

Reply from Staff: Thank you Crystal and please thank your associate for us. Have a fantastic day!


Neil S. said: Very impressive. The only change I would suggest is a smaller font on the title.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Susan M. said: I was able to download a lot of forms that I need, will be going back to day to search for records so I can fill in the blanks. A great website for forms - It was easy to find what I needed and download! Thanks!!!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Peter M. said: Quick and complete. Thanks!

Reply from Staff: Thank you!


Janice U. said: So far everything is going really well. Thank you!

Reply from Staff: Thank you!


Miguel R. said: Easy to create an account! Awesome!

Reply from Staff: Thank you!


Select County where the property is located.

Kansas Certificate of Trust Form