Kentucky - Breathitt County Certificate of Trust Forms

Included Forms

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

Certificate of Trust Form - Breathitt County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 1/4/2023

Certificate of Trust Guide - Breathitt County

Line by line guide explaining every blank on the form.
Included document last updated 3/14/2023

Completed Example of the Certificate of Trust Document - Breathitt County

Example of a properly completed form for reference.
Included document last updated 2/22/2023

Included Supplemental Documents

The Following Kentucky and Breathitt County supplemental forms are included as a courtesy with your order.

Consideration Certificate (Kentucky Document)

Consideration Certificate Exemptions (Kentucky Document)

Transfer Tax Information & Exemptions (Kentucky Document)

Kentucky Statute 132.810 Homestead exemption -- Application -- Qualification. (Kentucky Document)

Application for Exemption (Kentucky Document)

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 Kentucky or Breathitt 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 Breathitt 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 Breathitt 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 Breathitt County that you need to transfer you would only need to order our forms once for all of your properties in Breathitt County.
• 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.
• 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:

• Breathitt County

Including:

• Athol
• Bays
• Clayhole
• Jackson
• Lost Creek
• Rousseau
• Vancleve
• Whick

What is the Kentucky Certificate of Trust?

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.

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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