New Hampshire Trustee's Certificate for Real Property Transactions

In a trust arrangement, a grantor (settlor) conveys property to another person, called the trustee, for the benefit of another, called the beneficiary. As the trust is not a physical entity, it cannot hold title to property, and so a trustee acts as the trust's representative. The trustee administers the trust's assets pursuant to the terms set forth in the trust instrument. When property is conveyed out of the trust by the trustee, the transaction may need validation.

Codified at RSA 564-A:7, the trustee's certificate is a statutory form that protects third parties dealing with a trustee in transactions affecting real property. When recorded by a trustee in the registry of deeds in the county where the subject real estate is located, the certificate gives notice to all persons "that the trustee named therein and the trustee's successors have full and absolute power to convey any interest in real estate and improvements thereon held by the trustee," without further inquiry (564-A:7(II)). A certificate executed by a successor trustee has the same effect as the original certificate (564-A:7(III)).

The trustee's certificate contains the name of each trustee executing the document, the trust on behalf of which the trustee is acting, the trust's settlor (called the grantor), and the date of the trust instrument. The certificate is "executed with the formalities required for a deed of real property by the trustee," which includes a legal description of the real property held in trust (564-A:7(III)). Each trustee should sign the document in the presence of a notary public before recording in the registry of deeds in the county where the property is located.

Consult a lawyer with questions regarding trusts and trustee's certificates in New Hampshire.

(New Hampshire TC Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Trustee Certificate

Transfer property from a deceased person's estate
Satisfy title company requirements for trust-held property
Provide evidence that a trustee has authority to transact
Document the authority of a trustee to act on behalf of a trust
Record a trust's ownership interest with the county
Sell estate property to satisfy debts or obligations
Provide proof of trust existence without disclosing trust terms

Compare other New Hampshire deed forms and documents

Quitclaim Deed Manufactured Housing Quitclaim Deed Manufactured Housing Warranty Deed Correction Deed Grant Deed Gift Deed Warranty Deed Special Warranty Deed Easement Deed Termination of Easement Fiduciary Deed Disclaimer of Interest Mortgage Deed and Security Agreement Discharge of Mortgage Assignment of Mortgage Revocable Transfer on Death Deed Revocation of Revocable Transfer on Death Deed Notice of Death Affidavit Waiver by Surviving Spouse Real Estate Purchase and Sales Agreement Memorandum and Notice of Agreement Full Release of Memorandum and Notice of Agreement Petition for Ex Parte Attachment Notice of Intention to File a Mechanics Lien Assignment of Lien Partial Lien Waiver Release of Mechanic Lien Final Lien Waiver Notice to Construction Lender Owners Affidavit Contractor Affidavit Subcontractor Affidavit Subcontractor Notice Subcontractor Monthly Notice

Important: County-Specific Forms

Our trustee certificate forms are specifically formatted for each county in New Hampshire.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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