Benton County Certificate of Trust Form

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

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

Benton County Completed Example of the Certificate of Trust Document
Line by line guide explaining every blank on the form.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Oregon and Benton County documents included at no extra charge:
Where to Record Your Documents
Records & Licenses Office
Corvallis, Oregon 97330
Hours: 8:00 to 5:00 Mon-Fri / Recording until 4:00
Phone: (541) 766-6831
Recording Tips for Benton County:
- Bring your driver's license or state-issued photo ID
- White-out or correction fluid may cause rejection
- Both spouses typically need to sign if property is jointly owned
- Recording fees may differ from what's posted online - verify current rates
- Recorded documents become public record - avoid including SSNs
Cities and Jurisdictions in Benton County
Properties in any of these areas use Benton County forms:
- Alsea
- Blodgett
- Corvallis
- Monroe
- Philomath
Hours, fees, requirements, and more for Benton County
How do I get my forms?
Forms are available for immediate download after payment. The Benton 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 Benton County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Benton 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 Benton 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 Benton County?
Recording fees in Benton County vary. Contact the recorder's office at (541) 766-6831 for current fees.
Questions answered? Let's get started!
Oregon Certification of Trust for Real Property Transactions
A trust is an arrangement whereby a person (the settlor or trustor) transfers property to another person, a trustee, who manages the assets for the benefit of a third (the beneficiary), pursuant to the terms established by the settlor in the trust instrument. Living trusts in Oregon are governed by the Uniform Trust Code, codified at Chapter 130 of the Revised Statutes.
When engaging in business with a trustee, parties to the transaction can request that the trustee provide a certification of trust. To allow the settlor to keep his estate plans private, the trust instrument is generally not recorded, and the trustee uses the certification of trust in the place of disclosing the entire contents of the trust instrument. The certification of trust, presented to anyone who is not a trust beneficiary, contains the essential information about the trust required for the pending or contemplated transaction, certifying its existence and the trustee's authority to do business as fiduciary.
The statutory requirements for a certification of trust are located at ORS 130.860. The certificate must state that the trust exists (generally by citing the trust's name) and provide the date of the trust instrument, and, in addition, the date of any amendment made to the trust. It should also include the name of the trust's settlor and the name and address of each currently acting trustee, and may also contain the name of a successor trustee, if any, "and the circumstances under which any successor trustee or trustees will assume trust powers" (ORS 130.860(8)).
The certificate also enumerates the trustee's powers relevant to the pending transaction. Some trustees may provide copies of excerpts from the trust instrument designating the trustee and establishing the requisite powers (130.860(6)). For trusts administered by multiple trustees, the certificate establishes whether trustees can act individually, or if a majority of, or all trustees are needed to exercise trustee powers.
Further, the certificate indicates whether the trust is irrevocable or revocable, along with the name of any person who can revoke the trust. In Oregon, the certificate should also specify if the trust can be amended or modified, and by whom.
Identifying information, such as the last four digits of the trust's taxpayer identification number, the jurisdiction under the laws of which the trust is governed, and the name by which the trust holds title to property, is also required. The certificate must also include a statement that the trust "has not been revoked, modified, or amended in any manner" to cause the within statements to be incorrect (130.860(4)).
For transactions involving real property, the certificate should also include a legal description of the subject real property. Recipients may require that the certificate also contain other facts "that are reasonably related to the administration of the trust" (130.860(7)(a)).
Certifications of trust in Oregon must be executed by all trustees (130.860(3)). Depending on the circumstances, the recipient of a certificate may require that the certificate be executed by a settlor or settlors and/or by a beneficiary or beneficiaries "if the certification is reasonably related to a pending or contemplated transaction with the person" (130.860(7)(b),(c)).
Recipients of a certification of trust may rely on the statements contained within as fact without further inquiry (130.860(9)(a)). Transactions are not enforceable against the trust if a recipient has actual knowledge that a trustee is acting outside the scope of the trust (130.860(9)(c)). Those who fail to request or accept a certificate of trust under ORS 130.860 are still afforded the protections of persons dealing with trustees under ORS 130.855 (130.860(12)).
Contact a lawyer for guidance about trusts, trustees, certifications of trust, and rights of persons dealing with trustees in Oregon.
(Oregon COT Package includes form, guidelines, and completed example)
Important: Your property must be located in Benton County to use these forms. Documents should be recorded at the office below.
This Certificate of Trust meets all recording requirements specific to Benton County.
Our Promise
The documents you receive here will meet, or exceed, the Benton 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 Benton 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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