The certificate of trust is codified under the Minnesota Trust Code at Minn. Stat. 501C.1013.
This document is an abstract of the trust instrument setting forth "fewer than all of the provisions . . . and any amendments to the instrument," and contains only essential information relevant to the transaction for which it is being presented (Minn. Stat. 501C.1013, Subd. 1). It "serves to document the existence of the trust, the identity of the trustees, the powers of the trustees and any limitations on those powers, and other matters the certificate of trust sets out, as though the full trust instrument had been recorded or presented" (Subd. 4).
Presented to a recipient in situations regarding personal property, or filed with the county recorder in situations regarding real property, a certificate of trust is "prima facie proof as to matters contained in it" (Subd. 4).
A certificate is valid when executed by settlor or trustee "any time after the execution or creation of a trust" (Subd. 1). The basic content requirements include the name of the trust; the date of the trust instrument; the name and address of each acting trustee; the number of trustees required to act; and the powers of the trustee relevant to the transaction at hand. The certificate also declares whether the trust has terminated or the trust instrument has been revoked (Subd. 1 (1-6)).
For use in real property transactions, the certificate requires the name of each settlor and original trustee, along with a specific statement relating to the authority of the trustee and any restrictions on the trustee's power "to sell, convey, pledge, mortgage, lease, or transfer title to any interest in real property" (Subd. 2). Transactions affecting real property may also require an affidavit of trustee under Minn. Stat. 501C.1014.
The representations contained within the certificate are made by the executing trustee or settlor under oath before a public notary and as such the executing party ensure there are no provisions in the trust instrument or subsequent amendments to limit the power of the trustee in the transaction or "to exercise any other power identified in the certificate" (Subd. 1).
Contact an attorney with any questions regarding trusts or certificates of trust, as each situation is unique.
Deeds.com Minnesota Certificate of Trust Forms Have Been Updated as Recently as Friday October 18, 2019
What others like you are saying:
Alexis B. said: Highly Pleased- Strongly Recommend Deeds.com Long review... sorry:-) Originally I was very skeptical due to the enormous amount of the scams going on now days and the number of online sources that "claim" to provide you with deed forms for free or for a few. Nothing that you need and want done is free. There is always a cost. So luckily I came across deeds.com. This was the only site that appeared to be simple, to the point, and made no crazy promises. So before selecting this site, I did a little more checking around/price checking to ensure I am getting the best price for the product I needed. I even checked Staples and Amazon to find that they do indeed sell these forms but I do not think the products they provide are specific for my state and county. They claim their forms provided are for all states but my state is specific and I prefer to have forms provided by Deeds.com that is based on Indiana statute that Deed.com clearly identifies on each form. Deeds.com price of $20 seemed a little high at first but when I saw the products provided, the $20 cost is more than reasonable and fair. You not only get the deed form specific for my state and my specific "county" but also the other various/supplemental forms that may be required. Being familiar with my state and knowing how tedious and anal my state is on everything, I was pleasantly please to see the info and extra supplemental forms provided. For example, a person new to the State who recently had property deeded to them, would not necessarily know about the Homestead tax exemption provided if property is your primary residents, over 65 exemption etc. I would highly recommend this site for anyone needing these documents because Deeds.com has you covered on any and all forms/info you could ever need! A bonus is that there is one flat fee and not monthly cost that you have to worry about canceling later unless you superficially select a monthly package. I love the fact that Deeds.com is nothing fancy. There is not a bunch of elaborate graphics etc. They only provide what you need and what they provide is very accurate. Deeds.com has a customer for life.
Reply from Staff: Thank you so much Alexis. We appreciate you, have a fantastic day.
Christine L. said: I would like the ability to edit the document.
Reply from Staff: Thank you for your feedback Christine.
Lenore H. said: I was very pleased with the service I received yesterday at the recorders office. no complaints at all. Served promptly and efficiently.
Reply from Staff: Thank you!
Amie S. said: The forms that I downloaded from Deeds were perfect for what I needed. I even checked with a lawyer to see if the papers would work and she said yes.
Reply from Staff: Thanks Amie, have a great day!
CHARLES V. said: Legit. Reasonable prices.
Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!
Thomas D. said: Can I use this for easement in gross ? Like to grant cousins easement to use river front property with riparian rights ?
Reply from Staff: Sorry, we are unable to give advice on specific legal situations.
Select County where the property is located.