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Montana - Daniels County Certificate of Trust Form

All Daniels County specific forms listed below are included in your immediate download:


Daniels County Certificate of Trust Form Page 1

Certificate of Trust Form - Daniels County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 6/13/2019


Daniels County Certificate of Trust Guide Page 1

Certificate of Trust Guide - Daniels County

Line by line guide explaining every blank on the form.
Included document last updated 7/18/2019


Daniels County Completed Example of the Certificate of Trust Document Page 1

Completed Example of the Certificate of Trust Document - Daniels County

Example of a properly completed form for reference.
Included document last updated 7/2/2019


*The Following Montana and Daniels County supplemental forms are included as a courtesy with your order.


Realty Transfer Certificate and Water Rights Disclosure

Realty Transfer Certificate and Water Rights Disclosure

This form must be filed with the county clerk and recorder at the time of recording a deed. It comes with instructions and contact information.


Notary Certificates

Notary Certificates

The supplemental forms in this section can be used as loose certificates by notaries in the state.


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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 the state or local jurisdiction. 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?
    • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our 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 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • 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.
  • 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:

  • Daniels County

Including:

  • Flaxville
  • Peerless
  • Scobey
  • Whitetail

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What is the Montana Certificate of Trust?

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.

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Save Time and Money

Get your Daniels County Certificate of Trust form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.

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We guarantee that you will receive access to the forms that you order and that those forms will be compliant with the recording requirements for the jurisdiction the forms were purchased for and the statutory requirements for content of the document.

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Price: $19.97

Notice: You are ordering blank forms, NOT a copy of your existing deed.