Swain County Certificate of Trust Form

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

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

Swain 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 Swain County documents included at no extra charge:
Where to Record Your Documents
Swain County Register of Deeds
Bryson City, North Carolina 28713
Hours: 8:30 to 5:00 Monday through Friday
Phone: (828) 488-9273 Ext. 2205
Recording Tips for Swain County:
- Documents must be on 8.5 x 11 inch white paper
- Check margin requirements - usually 1-2 inches at top
- Verify the recording date if timing is critical for your transaction
Cities and Jurisdictions in Swain County
Properties in any of these areas use Swain County forms:
- Almond
- Bryson City
- Cherokee
Hours, fees, requirements, and more for Swain County
How do I get my forms?
Forms are available for immediate download after payment. The Swain 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 Swain County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Swain 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 Swain 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 Swain County?
Recording fees in Swain County vary. Contact the recorder's office at (828) 488-9273 Ext. 2205 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 Swain County to use these forms. Documents should be recorded at the office below.
This Certificate of Trust meets all recording requirements specific to Swain County.
Our Promise
The documents you receive here will meet, or exceed, the Swain 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 Swain 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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February 21st, 2019
I wish you had the older deeds online to look at. Other than that, I was very satisfied with my experience.
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September 30th, 2022
All documents were site specific and up-to-date. Not recorded yet but have high hopes.
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October 22nd, 2023
The forms, and other information, are all excellent. I would be giving a 5-star review if it were not for the fact that downloading a "bundle" about quitclaim deeds required I download every single file independently (15 files). I would far prefer a zip file, or one click to download the whole pile of independent files.
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September 21st, 2020
EXCELLENT resource for ALL state documents! The forms come with explanations and examples. A real Deal!!!
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January 13th, 2020
Completed although having the sample really helped. Now to file.
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June 27th, 2019
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March 15th, 2019
Great to have a downloadable form, rather than a cloud solution that gives no guarantee of privacy. Appreciated the sample.......but all of that still left me with open issues about how to tweak the form to serve my particular needs......for example: how to ensure that survivor rights were properly characterized; how far back I should go with the "Source" section + how I should layer my own additions to the chain of ownership, etc. Nonetheless, an overall happy experience. Thank you for your help
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March 11th, 2020
No issues with the forms.
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July 7th, 2022
Some of the forms I ordered didn't have enough space for all of the information, but were useful as a guide for creating what I needed. Now I'll be trying the e-recording to see how that goes.
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March 16th, 2022
I was able to use your website for the purpose I was looking for. I was able to conclude the transactions I needed without having to use an attorney.
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June 10th, 2022
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June 5th, 2020
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Paul A.
October 27th, 2020
The website worked fast but the information was limited and the actual deed of trust was what i was looking for from the county --- the info was limited the website is fast and seemed accurate just limited the information I needed
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May 20th, 2021
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December 22nd, 2021
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