Clay County Certificate of Trust Form
Last validated July 23, 2026 by our Forms Development Team
Clay County Certificate of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.

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

Clay 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 South Dakota and Clay County documents included at no extra charge:
Where to Record Your Documents
Clay County Register of Deeds
Vermillion, South Dakota 57069
Hours: 8:00 to 5:00 M-F / sometimes closed 12:00 to 1:00
Phone: (605) 677-7130
Recording Tips for Clay County:
- Both spouses typically need to sign if property is jointly owned
- Make copies of your documents before recording - keep originals safe
- Avoid the last business day of the month when possible
- Request a receipt showing your recording numbers
- Bring multiple forms of payment in case one isn't accepted
Cities and Jurisdictions in Clay County
Properties in any of these areas use Clay County forms:
- Burbank
- Irene
- Vermillion
- Wakonda
Hours, fees, requirements, and more for Clay County
How do I get my forms?
Forms are available for immediate download after payment. The Clay 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 Clay County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Clay County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Clay 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 Clay County?
Recording fees in Clay County vary. Contact the recorder's office at (605) 677-7130 for current fees.
Questions answered? Let's get started!
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.
(South Dakota COT Package includes form, guidelines, and completed example)
Important: Your property must be located in Clay County to use these forms. Documents should be recorded at the office below.
This Certificate of Trust meets all recording requirements specific to Clay County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Clay County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.
Save Time and Money
Get your Clay 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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