Certificate of Trust Form - Caldwell County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 12/25/2018
Certificate of Trust Guide - Caldwell County
Line by line guide explaining every blank on the form.
Included document last updated 2/11/2019
Completed Example of the Certificate of Trust Document - Caldwell County
Example of a properly completed form for reference.
Included document last updated 1/30/2019
*The Following North Carolina and Caldwell 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.
Including:
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 In it, the trustee confirms that "the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect" ( 36C-10-1013(c)).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.
Get your Caldwell 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.
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.
February 17th, 2019
Name: Barbara B.
Review: Great forms and instructions!
Reply from Staff on February 17th, 2019
Thank you Barbara.
February 16th, 2019
Name: Susan K.
Review: Very helpful; information included on the form explanations about Colorado laws in regards to beneficiary deeds helped us understand the issues involved.
Reply from Staff on February 16th, 2019
Thank you for your feedback. We really appreciate it. Have a great day!
February 16th, 2019
Name: Bobbi W.
Review: Site was super easy to use. After frustrating search for the item I needed I found it here!
Reply from Staff on February 16th, 2019
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
February 16th, 2019
Name: Matthew D.
Review: Fantastic forms easy process couldn't be happier! Thanks
Reply from Staff on February 16th, 2019
Thank you Matthew!
February 16th, 2019
Name: Lindsay B.
Review: The form was easy to fill out. The only problem I had was on the Notary page I live in a different state than the property and I couldn't change the name of the state or county where the notary had to sign.
Reply from Staff on February 16th, 2019
Thanks Lindsay, we appreciate your feedback.
February 16th, 2019
Name: patricia l.
Review: found this site very easy to use
Reply from Staff on February 16th, 2019
Thank you for your feedback. We really appreciate it. Have a great day!
February 15th, 2019
Name: Roy K.
Review: Just what we were looking for. Very easy to fill out. Thanks
Reply from Staff on February 15th, 2019
Thank you Roy. We appreciate your feedback.
February 14th, 2019
Name: Stanley P.
Review: Fast accurate service
Reply from Staff on February 14th, 2019
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
February 14th, 2019
Name: Barry N.
Review: The form was straight forward and very easy to complete. It took me less than 15 minutes to complete. Make sure you have the "current deed' available' when completing the form.
Reply from Staff on February 14th, 2019
Thank you for your feedback Barry. Have a fantastic day!
February 14th, 2019
Name: Ute P.
Review: Thank you it was hard for me to pull these documents online you been a big help since I am in a different state, quick and awesome.
Reply from Staff on February 14th, 2019
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Price: $19.97
(Immediate Download)
4.6 out of 5 (264 Reviews)
Notice: You are ordering blank forms, NOT a copy of your existing deed.