Kentucky - Fleming County Certificate of Trust Form

Name: Certificate of Trust
Brand: Deeds.com
Rating: 4.8 (1461 reviews)

All Fleming County specific forms listed below are included in your immediate download:

Fleming County Certificate of Trust Form Page 1

Certificate of Trust Form - Fleming County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 5/27/2020

Fleming County Certificate of Trust Guide Page 1

Certificate of Trust Guide - Fleming County

Line by line guide explaining every blank on the form.
Included document last updated 5/14/2020

Fleming County Completed Example of the Certificate of Trust Document Page 1

Completed Example of the Certificate of Trust Document - Fleming County

Example of a properly completed form for reference.
Included document last updated 5/27/2020

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

Consideration Certificate

Transfer tax is collected on the actual consideration stated and paid or to be paid in the deed. If the deed is a gift or indicates nominal consideration only, tax must be paid on the estimated price of the property and this form is required. It confirms any consideration stated in the deed and adds the estimated fair cash value the property would bring in an open market. A brief list of exemptions can be downloaded here. For a more detailed list and further information, download the relevant statutes posted under Transfer Tax Information.

Transfer Tax Information

These excerpts from Kentucky statutes list the exemptions from transfer tax in detail. If the document is exempt from transfer tax, it must be stated on the document.

Notary Certificates

The supplemental forms in this section can be used as loose certificates by notaries in the state.

Homestead Exemption

If you are 65 years old or disabled you may qualify for a homestead exemption on your property taxes.

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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 the state or local jurisdiction. 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 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 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 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
Are these forms guaranteed to be recordable in Fleming County ?
- Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Fleming 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:

Fleming County

Including:

Elizaville
Ewing
Flemingsburg
Hillsboro
Muses Mills
Plummers Landing
Wallingford

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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.

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Save Time and Money

Get your Fleming 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.

Our Promise

The documents you receive here will meet, or exceed, the Fleming County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Customer Reviews:

4.8 out of 5 (1461 Reviews)

June 3rd, 2020

Name: Nicole M.

Review: This is my very first use with your company. I submitted my package and within the hour you had responded with an Invoice for me to pay so you could proceed with my recording. So far I am very impressed! Thank you.