Breathitt County Certificate of Trust Form

Breathitt County Certificate of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.

Breathitt County Certificate of Trust Guide
Line by line guide explaining every blank on the form.

Breathitt County Completed Example of the Certificate of Trust Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Additional Kentucky and Breathitt County documents included at no extra charge:
Where to Record Your Documents
Breathitt County Clerk
Address:
1137 Main St, Suite 202
Jackson, Kentucky 41339
Hours: Mon, Tue, Thu, Fri 8-4; Wed 8-12 & Sat 9-12
Phone: (606) 666-3800 x707
Recording Tips for Breathitt County:
- Documents must be on 8.5 x 11 inch white paper
- Both spouses typically need to sign if property is jointly owned
- Recorded documents become public record - avoid including SSNs
- Bring extra funds - fees can vary by document type and page count
Cities and Jurisdictions in Breathitt County
Properties in any of these areas use Breathitt County forms:
- Athol
- Bays
- Clayhole
- Jackson
- Lost Creek
- Rousseau
- Vancleve
- Whick
How do I get my forms?
Forms are available for immediate download after payment. The Breathitt County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Breathitt County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Breathitt County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Breathitt County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Breathitt County?
Recording fees in Breathitt County vary. Contact the recorder's office at (606) 666-3800 x707 for current fees.
Have other questions? Contact our support team
Codified under the Kentucky Uniform Trust Code at KSA 386B.10-120, the certification of trust is a document containing the relevant details of a trust and certifying a trustee's authority to act on behalf of a trust.
(Note: this certificate of trust is separate from the certificate of trust for business trusts under 386A.2-010 of the Kentucky Uniform Statutory Trust Act.)
A trustee can furnish the certification of trust instead of providing the entire trust instrument, as it "need not contain the dispositive terms of a trust" (KSA 386B.10-120(4)). In this way, the trustee can keep information irrelevant to the transaction, specifically the identities of trust beneficiaries, private.
A certificate of trust requires the name and date of the trust, along with the settlor's name. The settlor is the person who created the trust and is funding the trust with assets. In addition, the certificate identifies the currently acting trustee. The trustee is the fiduciary in charge of administering the trust.
In addition, the document details the powers of the trustee concerning the transaction at hand. For example, the certification of trust is commonly used in conjunction with a deed executed by a trustee, so the trustee's power to convey property is often cited, with reference to the article or section of the trust instrument where the power is conferred. Recipients of a certificate can request excerpts from the trust instrument that designate the trustee and authorize the power to act in the pending transaction (KSA 386B.10-120(5)).
The certificate states whether the trust is irrevocable or revocable, and the identity of anyone with the power to revoke the trust, if applicable. If there are co-trustees, the document names the trustees authorized to sign trust documents and whether all or fewer than all are needed to carry out the trustee's powers. The certificate also gives the full name by which the trust will vest real property.
Since the document affects real property, a certificate should include the legal description of the subject property or properties. Pursuant to KSA 386B.10-120(2), any trustee can sign a certification of trust in the presence of a notary public. Certifications may be recorded as a supplemental document in the county in which the real property is located.
Finally, the certificate requires a statement that the trust referred to within "has not been revoked, modified, or amended" so as to cause the statements within to be incorrect (KSA 386B.10-120(3)). Recipients may rely on the representations within the certification as factual (KSA 386B.10-120(6)). They may request the trust instrument in addition to the excerpts mentioned above, but doing so opens them to certain liabilities under KSA 386B.10-120(8).
Consult a lawyer for guidance, as trust law can quickly become complicated.
(Kentucky COT Package includes form, guidelines, and completed example)
Important: Your property must be located in Breathitt County to use these forms. Documents should be recorded at the office below.
This Certificate of Trust meets all recording requirements specific to Breathitt County.
Our Promise
The documents you receive here will meet, or exceed, the Breathitt 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 Breathitt 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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