Sherburne County Certificate of Trust Form (Minnesota)

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

Certificate of Trust Form

Sherburne County Certificate of Trust Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Sherburne County compliant document last validated/updated 11/29/2024

Certificate of Trust Guide

Sherburne County Certificate of Trust Guide

Line by line guide explaining every blank on the form.
Included Sherburne County compliant document last validated/updated 11/11/2024

Completed Example of the Certificate of Trust Document

Sherburne County Completed Example of the Certificate of Trust Document

Example of a properly completed form for reference.
Included Sherburne County compliant document last validated/updated 11/11/2024

When using these Certificate of Trust forms, the subject real estate must be physically located in Sherburne County. The executed documents should then be recorded in the following office:

Sherburne County Recorder

Govt. Center - 13880 Business Center Dr NW, Elk River, Minnesota 55330-1692

Hours: 8:00am to 4:30pm M-F

Phone: (763) 765-4420 / 800-719-2826

Local jurisdictions located in Sherburne County include:

  • Becker
  • Big Lake
  • Clear Lake
  • Elk River
  • Santiago
  • Zimmerman

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Sherburne County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Sherburne County using our eRecording service.
Are these forms guaranteed to be recordable in Sherburne County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Sherburne County including margin requirements, content requirements, font and font size requirements.

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 Sherburne County that you need to transfer you would only need to order our forms once for all of your properties in Sherburne County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Minnesota or Sherburne 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.

What type of files are the forms?

All of our Sherburne 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.

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.

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.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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.

(Minnesota COT Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Sherburne 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

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November 27th, 2024

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November 27th, 2024

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Reply from Staff

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Myron L.

November 29th, 2020

The forms were not identical to the county's version but it met my needs.

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October 14th, 2019

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November 23rd, 2020

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Cleatous S.

December 9th, 2020

The deed form is hard to fill in. There is no way to fill in the county in the "reviewed by" section. Also, there is no place for the Grantee's address on the form. I had to include it in the fill-in space for the legal description.

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Thank you!

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December 19th, 2021

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October 24th, 2024

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June 21st, 2023

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February 21st, 2022

I found a lot of useful information regarding the Lady Bird Deed and feel it will serve my needs as opposed to a Revocable
Living
Trust. The information was easy to understand and very helpful. The forms seem easy to complete and I plan to get them notarized and filed at the courthouse very soon.

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April 18th, 2021

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