South Carolina - Charleston County Certificate of Trust Form

Name: Certificate of Trust
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All Charleston County specific forms listed below are included in your immediate download:

Charleston County Certificate of Trust Form Page 1

Certificate of Trust Form - Charleston County

Fill in the blank form formatted to comply with all recording and content requirements
Included document last updated 5/27/2020

Charleston County Certificate of Trust Guide Page 1

Certificate of Trust Guide - Charleston County

Line by line guide explaining every blank on the form
Included document last updated 6/22/2020

Charleston County Completed Example of the Certificate of Trust Document Page 1

Completed Example of the Certificate of Trust Document - Charleston County

Example of a properly completed form for reference.
Included document last updated 6/18/2020

*The Following South Carolina and Charleston County supplemental forms are included as a courtesy with your order.

Affidavit for Taxable or Exempt Transfers

This is a required form used to state a stamp tax or an exemption from it. A list of transfer tax exemptions is included on the information page.

Prerequisites to Recording

This document provides information about recording requirements in South Carolina.

Recording Fee Manual

This comprehensive manual, issued by the state, will answer questions regarding fees and recording in general.

Deed Stamps

If transfer tax is due, this table lists amounts owed by consideration.

Notary Certificates

The supplemental forms in this section can be used as loose certificates by notaries in the state.

Frequently Asked Questions:

How long does it take to get my forms?
- Forms are available immediately after submitting payment.
What are supplemental forms?
- Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
How do I get my forms, are they emailed?
- After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
What type of files are the forms?
- All of our 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.
Can the 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
Are these forms guaranteed to be recordable in Charleston County ?
- Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Charleston County including margin requirements, content requirements, font and font size requirements.
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.
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.
Are there any recurring fees involved?
- No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Certificate of Trust Forms:

Charleston County

Including:

Adams Run
Awendaw
Charleston
Charleston Afb
Folly Beach
Hollywood
Isle Of Palms
Johns Island
Mc Clellanville
Mount Pleasant
North Charleston
Ravenel
Sullivans Island
Wadmalaw Island

What is the South Carolina Certificate of Trust?

South Carolina Certification of Trust

The certification of trust is codified at S.C. Code 62-7-1013 as part of the South Carolina Trust Code. A certificate of trust presents a summary of the trust to which it pertains, and verifies a trust's existence and the trustee's authority to act on behalf of the trust. A trustee may present the document in lieu of the trust instrument any person who is not a trust beneficiary. This allows the trustee to maintain the privacy of the settlor's estate plans by presenting only necessary information about the trust to parties outside the trust arrangement.

The format of the South Carolina certificate presents the most basic information about the trust first, including the name of the trust and date of execution of the trust instrument, and the name of each settlor and the acting trustee's name and address.

The certificate then presents certified statements, made by the trustees, that all currently serving trustees have executed and acknowledged the instrument, and 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" ( 62-4-1013(7)(c)).

Information about the trust's ability to be revoked, and the identity of any person who may revoke the trust pursuant to the terms of the trust instrument comes next, and information regarding the execution of trust documents follows. For trusts with co-trustees, the certificate shows how many trustees are required to execute trustee powers and enumerates the signature requirements established in the trust.

The certificate also requires the name by which the trust is to hold title to assets, typically by way of the trustee (e.g. "John Doe as Trustee of the Doe Revocable Trust Dated..."). In addition, the certificate presents the exact powers of the trustee to enter the transaction for which the certificate is presented, and may make a reference to the powers set forth in the South Carolina Trust Code.

Persons doing business with trustees have certain protections under the statutes. Recipients of a certification of trust, for example, "may assume without inquiry the existence of the facts contained in the certification" and "may enforce the transaction against the trust property as if the representations contained in the certification were correct" ( 62-4-1013(7)(f),(g)). Recipients may request that a trustee provide copies of excerpts from the trust instrument which designate the trustee and present the trustee's relevant powers, in addition to the certificate. Requesting the entire trust instrument opens them up to liabilities, however ( 62-4-1013(7)(h)).

Where a certification of trust is presented for transactions involving real property, the document should meet standards for recording documents in the State of South Carolina. The certificate must be acknowledged by the acting trustees and witnesses in the presence of a Notary Public before it is recorded in the county where the subject real property is situated.

Consult a lawyer with questions regarding certifications of trust in South Carolina.

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The documents you receive here will meet, or exceed, the Charleston 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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July 13th, 2020

Name: Deborah H.

Review: Wonderful service, very fast and great customer service will be using you guys from now on. Thanks a bunch