A Texas trustee is regularly asked to prove the trust: a title company examining a sale of trust real property, a bank retitling an account, a lender confirming who holds the power to sign. Handing over the trust instrument answers the question at the cost of privacy, because the trust agreement carries the dispositive terms, the beneficiaries, and the family arrangements. Texas Property Code Section 114.086 supplies the alternative this form prepares: a certification of trust, the trustee's own statement of the operational facts, sworn before a notary so it is ready for the county real property records.

Proof of the trust without the trust agreement

The certification carries the seven items the statute lists: that the trust exists and the date its instrument was executed, the settlors, the currently acting trustees with a mailing address, the trustee's powers, whether the trust is revocable and who holds a power to revoke it, the authority of cotrustees, and the manner in which title to trust property is taken. Section 114.086(c) requires one more statement, and the form's certification section carries it verbatim: that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification to be incorrect. The dispositive terms of the trust are expressly not required, so the trust agreement itself stays private.

The statute then makes the certification worth accepting. A person who relies on it without knowledge that its representations are incorrect may assume the stated facts without inquiry, a good faith transaction made in reliance on it is enforceable against the trust property, and a person who demands the entire trust instrument anyway risks damages where a court finds the demand was not made in good faith. Any one trustee may sign, even where cotrustees serve.

Sworn with a jurat, presumed correct when recorded

This variant of the form is sworn rather than acknowledged: the trustee takes an oath before the notary, who completes a jurat. An instrument sworn to with a proper jurat is eligible for recording under Property Code Section 12.001(a), and recording is where a 2023 addition to the Trust Code does its work. Under Section 114.087, a certification of trust recorded in the county in which real property of the trust is located is presumed to correctly identify the trust and the trustee, and a good faith purchaser or lender for value may rely on it. The form's optional property section identifies that county and the legal description, so the recorded certification sits in the chain of title where later examiners look.

What the package prepares

The download includes the blank certification as a fillable PDF with a removable instructions page, a completed example showing the entire document filled in for a realistic Texas trust, and a plain language guide that walks through every numbered section, the oath and jurat, and the recording step, including the photo identification requirement at the recording counter for instruments filed in person on or after December 4, 2025. The certification is formatted to Texas recording standards, with space reserved on page one for the clerk's stamp. The materials are informational and are not legal advice; a Texas attorney can address how the statute operates on a particular trust or transaction.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Certification of Trust (Sworn Certification)

Record a trust's ownership interest with the county
Convey property from an estate to a buyer
Document the authority of a trustee to act on behalf of a trust
Establish a trust's interest in real property for public record

Compare other Texas deed forms and documents

General Warranty Deed (Individual Grantor) Transfer on Death Deed (Individual) Revocation of Transfer on Death Deed (Individual) Certification of Trust Affidavit of Death (Transfer on Death Deed Beneficiary) Administrator Deed (Independent Administrator) Easement Deed (Ingress and Egress) Deed Without Warranty (Individual) Appointment and Acceptance of Successor Trustee (Recordable) Enhanced Life Estate Deed (Lady Bird Deed) (Individual) Affidavit of Death of Life Tenant (Enhanced Life Estate Deed) Disclaimer of Interest by Transfer on Death Deed Beneficiary (Individual) Deed Without Warranty (Two Grantors) Transfer on Death Deed (Joint Owners with Right of Survivorship) Revocation of Transfer on Death Deed (Joint Owners) General Warranty Deed (Joint Grantors) Easement Deed (In Gross - Utility) Certification of Trust (Single Trustee) Enhanced Life Estate Deed (Lady Bird Deed) (Community Property Grantors) Gift Deed Without Warranty Gift Deed Special Warranty Transfer on Death Deed (Community Property with Right of Survivorship) Release of Easement Enhanced Life Estate (Lady Bird) Deed (Joint Owners with Right of Survivorship) Special Warranty Deed (Individual Grantor) Special Warranty Deed (Joint Grantors) Grant Deed (Individual Grantor) Grant Deed (Joint Grantors) Quitclaim Deed Correction Deed Deed Without Warranty (Signed by Attorney-in-Fact) Enhanced Life Estate Deed - Lady Bird Deed (Individual by Attorney-in-Fact) Community Property Survivorship Agreement Revocation of Community Property Survivorship Agreement General Warranty Deed (Executed by Attorney-in-Fact) Executor Deed (Independent Executor) Personal Representative Deed Under Court Order Affidavit of Heirship Heirship Deed (Special Warranty by Heirs) Disclaimer of Interest Trustee Deed Mineral Deed (General Warranty) Mineral Deed (No Warranty) Mineral Deed (Special Warranty) Royalty Deed Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Durable Power of Attorney General Warranty Deed with Vendor Lien (Individual Grantor) Demand for Payment Notice of Contractual Retainage Notice of Specially Manufactured Materials Preliminary Notice to Original Contractor Preliminary Notice to Owner and Original Contractor Affidavit of Lien Request for Information from Owner Request for Information from Subcontractor Request for Information from Original Contractor Conditional Waiver and Release on Progress Payment Conditional Waiver and Release on Final Payment Unconditional Waiver on Progress Payment Unconditional Waiver on Final Payment Release of Lien Contract for Deed Memorandum of Contract Deed of Trust and Promissory Note General Warranty Deed with Vendors Lien (Third-Party Lender) Release of Lien - by Deed of Trust and Note Appointment of Substitute Trustee for Deed of Trust Assignment of Deed of Trust Collateral Assignment of Note and Liens (Security Agreement) Release of Collateral Transfer of Note and Lien Collateral Assignment of Leases, Rents and Rights Release of Collateral Assignment of Leases and Rents Lis Pendens Lis Pendens Release

Important: County-Specific Forms

Our certification of trust (sworn certification) forms are specifically formatted for each county in Texas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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