My Account Deeds.com Real Estate Deeds

South Dakota Certificate of Trust

Codified at SDCL 55-4-51.3 as part of the Uniform Trusts Act, the certificate of trust "in support of a real property transaction" is recorded in the South Dakota county where the subject property is located and "serves to document the existence of the trust...and other matters...as though the full trust instrument had been recorded" (SDCL 55-4-51.3, 55-4-51.1).

In a trust relationship, a settlor transfers property to another person (trustee), who holds it for the benefit of a third (beneficiary). In the course of their fiduciary duties, trustees may present a certificate to parties who are not beneficiaries of the trust in lieu of providing the entire trust instrument. The trust instrument, executed by the settlor, establishes the trust and sets forth directions for its administration, including designating the trustee, the trustee's powers, and identifying a trust beneficiary. The certificate of trust allows the settlor's estate plan to remain off-record by providing only the information about the trust relevant to the transaction at hand.

The document names the trust, its settlor, and each trustee empowered to act for the trust. Aside from certifying the existence of the trust and confirming it has not been revoked or modified in a way that would invalidate the statements contained within, the certificate also confirms the trustee's role and authority to act on behalf of the trust by identifying powers relevant to the transaction, how many trustees are required to carry out those powers (if there are multiple trustees) and any restrictions imposed by a court on those powers (if applicable).

When used in transactions involving real property, the certificate requires a legal description of the subject property. The document must be recorded in the South Dakota county where the subject property is located and in compliance with the recording requirements established at SDCL 43-28-23.

Pursuant to SDCL 55-4-51, the document should be signed by a trustee or settlor (grantor or trustor, as the case may be) in the presence of the notary public witnessing the sworn statements made in the certificate. Recipients may request parts of the trust instrument establishing the trustee and the relevant powers (55-4-52). Persons entering transactions may rely on the statements within the certificate without further inquiry (55-4-53).

Consult a lawyer with questions about South Dakota trusts and certificates of trust, as each situation is unique.

Deeds.com South Dakota Certificate of Trust Forms Have Been Updated as Recently as Wednesday January 8, 2020

4.7 out of 5 (1093 Reviews)

What others like you are saying:


Patricia J. said: So simple. Thank you.

Reply from Staff: Thank you Patricia.


Timothy G. said: Downloadable documents, instructions and a completed sample form were just what I needed. Very pleased and easy to use. Deeds.com will be my first stop for any future documents I may need. Thank you!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Jamie W. said: Very fast service. Wish I knew about this earlier.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Marlene S. said: This service seems simple and reasonably priced. The deed I requested was not available, and they let me know immediately and refunded the fee. I would try to use this service again, if I had need.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Gretchen R. said: I can't think of any suggestions for improvement. The documents I needed were readily available. Thank you

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Bobbi W. said: Site was super easy to use. After frustrating search for the item I needed I found it here!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


South Dakota Certificate of Trust Form