Dakota County Certificate of Trust Form

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

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

Dakota 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 Nebraska and Dakota County documents included at no extra charge:
Where to Record Your Documents
Dakota County Register of Deeds
Dakota City, Nebraska 68731
Hours: 8:00am to 4:30pm.Monday through Friday
Phone: (402) 987-2166
Recording Tips for Dakota County:
- Ensure all signatures are in blue or black ink
- White-out or correction fluid may cause rejection
- Make copies of your documents before recording - keep originals safe
- Avoid the last business day of the month when possible
Cities and Jurisdictions in Dakota County
Properties in any of these areas use Dakota County forms:
- Dakota City
- Emerson
- Homer
- Hubbard
- Jackson
- South Sioux City
Hours, fees, requirements, and more for Dakota County
How do I get my forms?
Forms are available for immediate download after payment. The Dakota 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 Dakota County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Dakota 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 Dakota 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 Dakota County?
Recording fees in Dakota County vary. Contact the recorder's office at (402) 987-2166 for current fees.
Questions answered? Let's get started!
The Nebraska certification of trust is codified at Neb. Rev. Stat. Ann. 30-38, 103 and falls under the Nebraska Uniform Trust Code, a collection of statutes adopted from the Uniform Trust Code to govern trusts in the State of Nebraska.
In Nebraska, the certification of trust is an affidavit signed by each acting trustee of the trust, containing sworn statements made in the presence of a notary public. The certificate verifies the existence of the trust and is an abstract of relevant provisions of the trust in lieu of the entire trust instrument.
The document may be presented by a trustee or requested by any person doing business with a trustee, particularly in transactions involving real property (though failure to request a certificate of trust is not considered an "improper act" under 30-38,106). As the trust itself cannot hold title, the trustee acts as a representative of the trust. When the transaction for which the certificate of trust is presented or requested involves real property, the legal description of the parcel subject to the transaction should be included.
The certificate of trust may be used by trustees of both living trusts and testamentary trusts. For a living trust, the certificate requires the date of the trust instrument's execution and the identity of the trust's settlor. For a testamentary trust, the certificate gives the death date of the decedent and the testator's identity. In Nebraska, a certificate of trust requires the identity of the beneficiary or beneficiaries of the trust and their relationship to the settlor or testator, as well.
Essential information contained in the certificate includes the name of the currently acting trustee and a description of the trustee's relevant powers, and any restrictions on those powers in dealing with the trust's assets. In addition, the certificate identifies any successor trustee named by the trust instrument (or will, in the case of a testamentary trust), or the procedure given for choosing a successor trustee, if any exists.
If more than one person is an appointed trustee, the document requires details regarding co-trustees' authority to exercise powers. For example, a trust's provisions might specify a single trustee in charge of certain duties, and require that trustee to handle those duties solely. Or, the trust may stipulate that trustees are to act and sign documents jointly.
Additional requirements for the document include the name under which the trust will take and hold assets, the trust's identification number, and the name of the state or other jurisdiction under which the trust was formed. Trusts can further be categorized into revocable or irrevocable trusts, so the certificate should identify whether or not the trust can be revoked, and by whom it is revocable.
Finally, the document requires a notice that the trust has not been revoked or amended so as to cause the statements contained within to be incorrect, and that all the acting trustees have signed the certificate. Recipients of a certificate may rely upon the statements contained within as factual (Neb. Rev. Stat. Ann. 30-38,105). The presentation of a certificate of trust, however, does not prevent the recipient from requesting the excerpts from the trust instrument conferring the relevant powers to act in the pending transaction unto the trustee ( 30-38,104).
Aside from the above requirements, the certificate should meet all prerequisites for recording documents affecting real property in the State of Nebraska. Consult a lawyer with any questions about certifications and trusts in Nebraska, as each situation is unique.
(Nebraska COT Package includes form, guidelines, and completed example)
Important: Your property must be located in Dakota County to use these forms. Documents should be recorded at the office below.
This Certificate of Trust meets all recording requirements specific to Dakota County.
Our Promise
The documents you receive here will meet, or exceed, the Dakota 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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