Benton County Certificate of Trust Form

Benton County Certificate of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.

Benton County Certificate of Trust Guide
Line by line guide explaining every blank on the form.

Benton County Completed Example of the Certificate of Trust Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional Mississippi and Benton County documents included at no extra charge:
Where to Record Your Documents
Benton County Chancery Clerk
Ashland, Mississippi 38603
Hours: 8:30 to 4:00 M-F
Phone: (662) 224-6300
Recording Tips for Benton County:
- Bring your driver's license or state-issued photo ID
- White-out or correction fluid may cause rejection
- Recorded documents become public record - avoid including SSNs
Cities and Jurisdictions in Benton County
Properties in any of these areas use Benton County forms:
- Ashland
- Hickory Flat
- Michigan City
Hours, fees, requirements, and more for Benton County
How do I get my forms?
Forms are available for immediate download after payment. The Benton County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Benton County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Benton County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Benton County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Benton County?
Recording fees in Benton County vary. Contact the recorder's office at (662) 224-6300 for current fees.
Questions answered? Let's get started!
Using a Certification of Trust in Mississippi
The certificate of trust is codified under the Mississippi Trust Code at Miss. Code Ann. 91-8-1013. This certified document is an abstract of the trust instrument, a generally unrecorded document executed by a settlor and containing the trust's full provisions.
A trustee presents the certification of trust when entering into transactions with persons other than trust beneficiaries. It offers proof that the trust exists and the trustee has the authority to enter into the transaction on behalf of the trust. The section of the Mississippi Code covering the certification of trust offers protection to parties dealing with trustees, even if they fail to request a trust certificate (Miss. Code Ann. 91-8-1013(e)).
In a trust arrangement, a trustee administers a trust estate transferred to the trust by a settlor, for the benefit of a third person or party, called the beneficiary. When the trustee conducts business with someone outside of the trust relationship, the certification of trust allows the trustee to maintain the trust's privacy; the identity of trust beneficiaries, the disclosure of which is not essential to the transaction, remains undisclosed.
The form requires a statement of affirmation that the trust exists and the date of its formation. The document includes the trust's identification number only "if it is essential to the transaction for which the request for the trust document is made" (Miss. Code Ann. 91-8-1013(a)(8)). It discloses the trust's settlor, acting trustee, and anyone with a power to revoke the trust, if applicable. The document provides the name of any successor trustee with either a description of the conditions for his succession, or a statement that the recipient may rely on the authority of successor trustee without proof of succession.
Certificates for trusts with multiple trustees include a section that names all trustees who have signing power under the trust, and identifies whether or not all of them are needed in order to conduct trustee powers.
Because the certificate is presented pursuant to a specific transaction, the form requires a description of the trustee's managerial powers relevant to the request. When the certificate affects real property, the document provides the legal description of the parcel or parcels subject to the transaction. It also describes the name by which the trust will hold title to (vest) property.
Any acting trustee with signing authority as cited in the body of the instrument can sign the certificate in the presence of a notary public. The trustee certifies "that ... the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect" (Miss. Code Ann. 91-8-1013(a)(10)). All statements in the certification of trust are deemed correct, and a recipient is not liable for acting on the information contained within (Miss. Code Ann. 91-8-1013(d)).
Recipients presented with a certificate may ask the trustee for additional information to clarify any ambiguities in the certificate (Miss. Code Ann. 91-8-1013(f)). Trustees, of their own accord, may provide copies of portions of the trust instrument and/or trust amendments, but are not required to do so (Miss. Code Ann. 91-8-1013(c)).
Trust law can be complicated, so contact an attorney with questions about using a certificate of trust or trusts in Mississippi.
(Mississippi COT Package includes form, guidelines, and completed example)
Important: Your property must be located in Benton County to use these forms. Documents should be recorded at the office below.
This Certificate of Trust meets all recording requirements specific to Benton County.
Our Promise
The documents you receive here will meet, or exceed, the Benton 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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