Daniels County Certificate of Trust Form
Daniels County Certificate of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.
Daniels County Certificate of Trust Guide
Line by line guide explaining every blank on the form.
Daniels 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 Montana and Daniels County documents included at no extra charge:
Where to Record Your Documents
Daniels County Clerk / Recorder
Scobey, Montana 59263
Hours: 8:30 to 4:30 M-F
Phone: (406) 487-5561
Recording Tips for Daniels County:
- Bring your driver's license or state-issued photo ID
- Check that your notary's commission hasn't expired
- Documents must be on 8.5 x 11 inch white paper
- Leave recording info boxes blank - the office fills these
Cities and Jurisdictions in Daniels County
Properties in any of these areas use Daniels County forms:
- Flaxville
- Peerless
- Scobey
- Whitetail
Hours, fees, requirements, and more for Daniels County
How do I get my forms?
Forms are available for immediate download after payment. The Daniels 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 Daniels County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Daniels 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 Daniels 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 Daniels County?
Recording fees in Daniels County vary. Contact the recorder's office at (406) 487-5561 for current fees.
Questions answered? Let's get started!
The certification of trust in Montana is an affidavit containing sworn statements made by the trustee or trustees of a trust.
In a trust arrangement, a settlor entrusts property to a trustee for the benefit of a beneficiary. The trustee is the administrator of the trust's assets.
Instead of furnishing the trust instrument (an unrecorded document containing the trust's provisions, including the designation of the trust's beneficiary) the certificate is an abstract supplying only the relevant information required of the trustee in order to prove his authority to enter into a transaction on the trust's behalf.
Codified under the Montana Uniform Trust Code at 72-38-1013, the certification of trust contains basic information, such as the trust's name, date, settlor, and each trustee's name and address. The certificate verifies that the trust exists and that the trustee is authorized to act by providing a description of the trustee's powers relating to the pending action.
For example, a trustee may furnish a certificate when conveying real property held in a living trust. When used in real property transactions, a recorded certificate fulfills the requirements under Mont. Code Ann. 72-38-1111 for a valid transfer of real property by a trustee. When used for transactions involving real property, the certificate should also include the legal description of the parcel subject to the transaction.
The certificate must also designate whether or not the trust is revocable, and who, if any, has authority to revoke the trust. For trusts with multiple trustees, the document also specifies which trustees have signing authority, and how many are required in order to execute the trustee's powers. The certificate also cites the governing law under which the trust was formed.
Mont. Code Ann. 72-38-1013 provides that the certificate can be signed by any trustee, and signatures must be acknowledged if the document is recorded. When used in real property transfers under 72-38-1111, each acting trustee must sign before the document is recorded, and the certificate should meet all requirements of form and content for recording documents in Montana under 7-4-2636.
Recipients of the certificate can request, in addition, excerpts and/or later amendments from the trust instrument which name the trustee and confer the relevant powers upon the trustee. Requesting the entire trust document exposes the person making the request to certain liabilities ( 72-38-1013(8)).
Finally, the certificate contains a statement confirming that the trust has not been modified in any way that would cause the statements made within to be inaccurate, and the recipient "may assume without inquiry the existence of the facts contained" within ( 72-38-1013(6)).
Consult a lawyer with any questions and for professional guidance regarding certifications of trust in Montana, as each situation is unique.
(Montana COT Package includes form, guidelines, and completed example)
Important: Your property must be located in Daniels County to use these forms. Documents should be recorded at the office below.
This Certificate of Trust meets all recording requirements specific to Daniels County.
Our Promise
The documents you receive here will meet, or exceed, the Daniels 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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