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Certificate of Trust Form - Fleming County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/30/2019
Certificate of Trust Guide - Fleming County
Line by line guide explaining every blank on the form.
Included document last updated 11/11/2019
Completed Example of the Certificate of Trust Document - Fleming County
Example of a properly completed form for reference.
Included document last updated 9/9/2019
*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.
Including:
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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