Clay County Certificate of Trust Forms (Mississippi)
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Form Package
Certificate of Trust
State
Mississippi
Area
Clay County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Clay County specific forms and documents listed below are included in your immediate download package:
Certificate of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 4/10/2024
Certificate of Trust Guide
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 1/17/2024
Completed Example of the Certificate of Trust Document
Example of a properly completed form for reference.
Included document last reviewed/updated 3/8/2024
Included Supplemental Documents
The following Mississippi and Clay County supplemental forms are included as a courtesy with your order.
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 Mississippi or Clay 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.
How do I get my forms, are they emailed?
Forms are NOT emailed to you. Immediately after you submit payment, the Clay 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 sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
What type of files are the forms?
All of our Clay 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.
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 Clay County that you need to transfer you would only need to order our forms once for all of your properties in Clay County.
Are these forms guaranteed to be recordable in Clay County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Clay 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:
- Clay County
Including:
- Cedarbluff
- Montpelier
- Pheba
- West Point
What is the Mississippi Certificate of Trust
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)
Our Promise
The documents you receive here will meet, or exceed, the Clay County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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