Benton County Certificate of Trust Form (Oregon)

All Benton County specific forms and documents listed below are included in your immediate download package:

Certificate of Trust Form

Benton County Certificate of Trust Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Benton County compliant document last validated/updated 4/12/2024

Certificate of Trust Guide

Benton County Certificate of Trust Guide

Line by line guide explaining every blank on the form.
Included Benton County compliant document last validated/updated 12/1/2023

Completed Example of the Certificate of Trust Document

Benton County Completed Example of the Certificate of Trust Document

Line by line guide explaining every blank on the form.
Included Benton County compliant document last validated/updated 12/14/2023

When using these Certificate of Trust forms, the subject real estate should be physically located in Benton County, and the executed documents recorded in one of the following offices:

Records & Licenses Office

County Courthouse - 120 NW 4th St, Rm 4, Corvallis, Oregon 97330

Hours: 8:00 to 5:00 Mon-Fri / Recording until 4:00

Phone: (541) 766-6831

Local jurisdictions located in Benton County include:

  • Alsea
  • Blodgett
  • Corvallis
  • Monroe
  • Philomath

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Forms are NOT emailed to you. Immediately after you submit payment, the Benton County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Benton County using our eRecording service.
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 the Certificate of Trust 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 Benton County that you need to transfer you would only need to order our forms once for all of your properties in Benton County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Oregon or Benton County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Benton County Certificate of Trust 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.

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.

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.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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)

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.

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May 16th, 2024

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May 16th, 2024

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May 15th, 2024

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March 5th, 2022

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September 15th, 2022

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March 12th, 2021

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May 18th, 2021

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June 8th, 2022

Hi,
1. I need a password to be able to copy and paste from the deed.

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May 12th, 2020

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November 20th, 2022

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February 15th, 2020

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