People create trusts to simplify life for their loved ones and avoid unnecessary court involvement later. This preserves the privacy and security of the estate. Even with a fully-funded trust in place, though, the Certification of Trust (often called a Certificate of Trust) may be necessary to uphold its contents. This document makes it easier to prove that your trust exists and that the person managing it has the authority to act on its behalf. Without it, your trustee could experience delays or confusion when dealing with banks, title companies, or other third parties.
If you’re building an estate plan in California and want to keep your affairs private, organized, and legally recognized, taking advantage of the right documents is essential to getting the most out of your plan. A Certification of Trust is the bridge between your estate plan and how it gets carried out in real life.
What is a Certification of Trust?
A Certification of Trust is a condensed legal document that confirms your trust exists and names the trustee(s) responsible for managing it. Instead of handing over the entire trust document, which might contain sensitive or private details, you can present this document to banks, title companies, or anyone else who needs proof that your trustee has authority.
California law recognizes the validity of these certificates under Cal. Prob. Code § 18100.5, which allows a trustee to provide a summary of the trust in place of the full version. This summary includes key details like the trust’s formal name, the date it was created, who the trustee is, and what powers that trustee has. It gives institutions enough information to proceed without exposing everything in your estate plan.
The Certification of Trust needs to be signed in front of a notary, and keeping a current and valid certificate on hand ensures you won’t have to jump through extra hoops, or again, provide your entire trust to third parties.
Why You Should Include One in Your Estate
Verifying the Existence of the Trust
The certification confirms that your trust is real and legally formed. This can speed up transactions and remove doubt or skepticism when your trustee interacts with financial institutions or other third parties.
Proving Your Chosen Trustee’s Legal Authority
When someone agrees to act as trustee, they need more than just your word to carry out their responsibilities. The certification establishes who has been appointed and outlines the scope of that person’s powers. Without it, the trustee may be asked to produce the entire trust, which can be burdensome and unnecessary, and create confusion.
Providing a Summary of Your Trust Without Divulging Everything
Not everyone needs to see the full contents of your estate plan. The Certification of Trust offers a way to share only what’s necessary while keeping family details, asset distribution, and other private matters confidential.
Protecting Your Trust and Your Legacy from State Involvement
When your documentation is incomplete, unclear, or overly complex, it opens the door for delays, court intervention, or disputes. A certification of trust is one of the simplest tools to keep everything moving smoothly and privately.
At Dahl Law Group, we help California business owners and families create and maintain estate plans and asset protection plans that protect their assets, their legacies, and the people they care about. We ensure every piece, including the certificate, is handled with care. Contact our offices in Sacramento or San Diego to make sure your estate plan does everything it’s meant to do.
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