North Carolina - Avery County Certificate of Trust Form

Name: Certificate of Trust
Brand: Deeds.com
Rating: 4.8 (1596 reviews)

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

Avery County Certificate of Trust Form Page 1

Certificate of Trust Form - Avery County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 7/6/2020

Avery County Certificate of Trust Guide Page 1

Certificate of Trust Guide - Avery County

Line by line guide explaining every blank on the form.
Included document last updated 6/19/2020

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

Completed Example of the Certificate of Trust Document - Avery County

Example of a properly completed form for reference.
Included document last updated 7/3/2020

*The Following North Carolina and Avery County supplemental forms are included as a courtesy with your order.

Notary Certificates

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

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 Avery County ?
- Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Avery 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:

Avery County

Including:

Banner Elk
Crossnore
Elk Park
Linville
Minneapolis
Montezuma
Newland
Pineola
Plumtree

What is the North Carolina Certificate of Trust?

North Carolina Certification of Trust

Codified under the North Carolina Uniform Trust Code, which governs testamentary and non-testamentary trusts, the certification of trust at NCGS 36C-10-1013 is a document verifying a trust's existence and a trustee's authority to act in the transaction for which the certificate is being presented.

A trust is an arrangement whereby a settlor transfers property to another person (the trustee), who holds it for the benefit of a third (the beneficiary). A testamentary trust takes effect upon the settlor's death as specified by his/her will, and a non-testamentary (inter vivos) trust takes effect during the settlor's lifetime, and functions pursuant to the terms established by the settlor in an unrecorded document called the trust instrument.

As the trust's administrator, the trustee handles the trust's assets and sees to the trust's affairs. Upon entering into a transaction involving the trust, a trustee can present a certification of trust to establish his authority to do so. The certificate contains the essential information about the trust that is necessary for the business at hand, allowing the trust instrument (containing the full scope of the trust's assets, the trustee's obligations, and identity of the beneficiary) to remain private.

Any trustee may execute a trust certificate ( 36C-10-1013(b)). In it, the trustee confirms that "the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect" ( 36C-10-1013(c)). Recipients of a trustee's certificate may rely upon the statements contained within the document as correct without further inquiry ( 36C-10-1013(f)).

A certification of trust in North Carolina must state that the trust exists, and provide the date of the trust instrument. Unless withheld under a provision of the trust instrument, the document names each settlor, or person who contributes property to the trust ( 36C-1-103(17)). The certificate identifies the trust as either revocable or irrevocable, and gives the name of anyone holding a power to revoke the trust.

It also includes the name and address of the trust's currently acting trustee, along with a description of the trustee's powers relevant to the transaction for which the certificate is presented. If the trust has multiple trustees, the certificate shows how many trustees are required to exercise trustee powers, and which trustees have the authority to sign documents relating to the trust. It also specifies how trust assets will be titled (usually in the name of the trustee as representative of the trust).

Recipients of a certificate can request excerpts from the trust document designating the trustee and conferring the relevant powers necessary for the pending transaction unto the trustee ( 36C-10-1013(e)). Requesting that the trustee provide the entire trust instrument opens the recipient of a certification of trust up to certain liabilities under 36-10-1013(h). Note that this excludes the right to obtain a copy of the trust instrument in a legal proceeding involving the trust ( 36-10-1013(i)).

The certificate should also include the trust's taxpayer identification number, unless this number is the social security number of a settlor. If the taxpayer ID is rescinded from the document, however, it "shall be certified by the trustee to the person acting in reliance upon the certification of trust in a manner reasonably satisfactory to that person" ( 36C-10-1013(j)).

For transactions involving real property held in trust in North Carolina, the certification should meet all form and content requirements for real estate documents, including a legal description of the property subject to the transaction. The document may be recorded with the register of deeds in the county where the real property is located (36-10-1013(j)).

Talk to a lawyer with any questions regarding trusts and certifications of trust in North Carolina.

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