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Certificate of Trust Form - Monmouth County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/16/2020
Certificate of Trust Guide - Monmouth County
Line by line guide explaining every blank on the form.
Included document last updated 4/1/2020
Completed Example of the Certificate of Trust Document - Monmouth County
Example of a properly completed form for reference.
Included document last updated 3/17/2020
*The Following New Jersey and Monmouth County supplemental forms are included as a courtesy with your order.
County Cover Page
This cover page is required to be part of any document affecting land title being recorded in Monmouth County, New Jersey. It is part of the recorded instrument and permanent record and should not be detached from the original document.
Gross Income Tax (GIT)
The Gross Income Tax form (GIT/REP) must be recorded with a deed when selling/transferring real property in New Jersey. Sellers must use one of the following forms: 1. Nonresident Seller's Tax Declaration 2. Nonresident Seller's Tax Prepayment Receipt 3. Seller's Residency Certification/Exemption 4. Waiver of Seller's Filing Requirement of GIT/REP Forms & Payment 4a. Waiver of Seller's Filing Requirement of GIT/REP Forms & Payment for Corrected Deed with no Consideration Each of these forms comes with its own instruction page. Consult the separate tax declaration information for further details.
Affidavit of Consideration
This affidavit must be recorded with all deeds - when entire consideration is not recited anywhere in deed, - when grantor claims total or partial exemption from fee, - for all Class 4 property that includes commercial, industrial, or apartment property, - and for transfers of “new construction.” Buyer's affidavit is required when the entire consideration is in excess of $1,000,000 and for every commercial property transfer.
Notary Certificates
The supplemental forms in this section can be used as loose certificates for notarization in the state.
Resident Decedent Forms
The NJ Estate Tax is in addition to the NJ Inheritance Tax. A tax is imposed upon the estate of every resident decedent having a date of death after December 31, 2001. A New Jersey estate tax return must be filed if the decedent’s Gross Estate exceeds $675,000. Form L-9 is an affidavit executed by the executor, administrator or joint tenant requesting the issuance of a tax waiver for real property located in New Jersey which was held by a resident decedent. Do not file the affidavit with the county clerk, but send to NJ Division of Taxation, Inheritance and Estate Tax.
Including:
Trusts in New Jersey are governed by the New Jersey Uniform Trust Code (NJSA 3B:31). A trust is an estate planning vehicle whereby one person (the settlor) transfers assets to another person (the trustee), who holds them for the benefit of another (the beneficiary). The settlor establishes the terms of the trust in an unrecorded document called a trust instrument.
When a trustee enters into a transaction involving real property held in the trust, additional documentation confirming the trustee's authority to act on behalf of the trust may be requested. To maintain the trust's privacy, the trustee may provide a certificate of trust under 3B:3-81 to parties outside of the trust arrangement instead of furnishing the entire trust instrument.
The certificate, signed by all acting trustees of the trust in the presence of a notary public, provides the recipient with only the information about the trust necessary for the transaction at hand. Recipients of a certificate may rely on the information provided within as factual (requesting the entire trust instrument opens the recipient to certain liabilities under 3B:31-81(g)). The document certifies that the trust is in existence and that the trustee has authority to act in the transaction for which the certificate is being presented.
The form gives the trust's name and date of execution and the settlor's identity. Other requirements include the name and address of each acting trustee, a description of the relevant powers conferred upon the trustee by the trust instrument, and, in the case of co-trustees, identification of the trustees having authority to sign trust documents, and how many of the total trustees are required to exercise trustee powers. Recipients of a certificate of trust can request the excerpts from the trust instrument that designate the trustee and confer the specific powers that enable the trustee to enter into the transaction at hand (3B:31-81(e)).
As the document is used in transactions involving real property, it should also include the legal description, complete with municipality and county and tax map reference, of the subject real estate.
In addition, the certificate identifies the trust as either irrevocable or revocable, and who, if any, has a power to revoke the trust, as well as the name by which the trust will hold title to acquired assets. Finally, it includes a statement that the trust has not been modified in any way that invalidates the certified statements contained within the document.
Consult a lawyer with any questions regarding certifications of trust.
Get your Monmouth 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.
The documents you receive here will meet, or exceed, the Monmouth 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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