Mercer County Certification of Trust Form

Additional West Virginia and Mercer County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Mercer County

Properties in any of these areas use Mercer County forms:

• Athens
• Beeson
• Bluefield
• Bramwell
• Camp Creek
• Flat Top
• Freeman
• Hiawatha
• Kegley
• Kellysville
• Lashmeet
• Lerona
• Matoaka
• Montcalm
• Nemours
• Oakvale
• Princeton
• Rock
• Spanishburg
• Wolfe

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The certification of trust is part of the Uniform Trust Code, codified in West Virginia at 44D-10-1013, and provides protection for parties doing business with trustees. The document "need not contain the dispositive terms of a trust" ( 44D-10-1013(d)) and, in West Virginia, is generally not recorded with land records. Rather, the certification is presented to third parties such as banks or other financial institutions doing business with a trustee.

Executed by any trustee, the certificate contains only the pertinent information required for the business at hand and is a basic summary of the trust instrument. It states that the trust exists and that it has not been revoked or modified in a way that would invalidate the information presented within. In addition, it requires the name of each settlor and acting trustee; the trustee's relevant powers; the name of anyone having a power to revoke the trust; the trust's taxpayer identification number; and the name by which the trust vests title to property. The form also details the signing authority of co-trustees, if applicable.

Each situation is unique, so contact an attorney with questions about the certification of trust or any other issue relating to trusts in West Virginia.

(West Virginia COT Package includes form, guidelines, and completed example)

Important: Your property must be located in Mercer County to use these forms. Documents should be recorded at the county recording office listed above.

This Certification of Trust meets all recording requirements specific to Mercer County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Mercer 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.

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