Mitchell County Certificate of Trust Form

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

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

Mitchell 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 North Carolina and Mitchell County documents included at no extra charge:
Where to Record Your Documents
Mitchell County Register of Deeds
Bakersville, North Carolina 28705
Hours: 8:00am to 5:00pm / Recording until 4:30pm
Phone: (828) 688-2139
Recording Tips for Mitchell County:
- Bring your driver's license or state-issued photo ID
- White-out or correction fluid may cause rejection
- Avoid the last business day of the month when possible
- Check margin requirements - usually 1-2 inches at top
Cities and Jurisdictions in Mitchell County
Properties in any of these areas use Mitchell County forms:
- Bakersville
- Penland
- Spruce Pine
Hours, fees, requirements, and more for Mitchell County
How do I get my forms?
Forms are available for immediate download after payment. The Mitchell 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 Mitchell County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Mitchell 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 Mitchell 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 Mitchell County?
Recording fees in Mitchell County vary. Contact the recorder's office at (828) 688-2139 for current fees.
Questions answered? Let's get started!
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.
(North Carolina COT Package includes form, guidelines, and completed example)
Important: Your property must be located in Mitchell County to use these forms. Documents should be recorded at the office below.
This Certificate of Trust meets all recording requirements specific to Mitchell County.
Our Promise
The documents you receive here will meet, or exceed, the Mitchell 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
Get your Mitchell 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 and local jurisdictions.
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May 29th, 2019
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September 19th, 2024
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August 19th, 2021
Lee County, FL did accept the "Satisfaction of Mortgage" form. It was easy to fill out except for a couple of areas. Your fill in areas need to accommodate for whatever space needed for the pertinent information we as customers have to fill out. As individuals, banks have their own. Example when there are more than 1 party and information needed. Example of Document #; I was 1 number short (using Exhibit A was ridiculous.) So I had to write in the # after printing. Very unprofessional looking on a legal document. Just saying. Also, in Lee County, FL your document # is called "Instrument #, not said in your instructions. Hope this information helps for updates on your forms.
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