A certification of trust is a legal document that confirms a trust exists and identifies the trustee who has authority to act on its behalf. It provides important information about the trust without requiring the trustee to share the entire trust agreement with banks, title companies, financial institutions, or other parties.
In Florida, a certification of trust is governed by Section 736.1017 of the Florida Statutes. Although the statute allows a trustee to sign or otherwise authenticate the certification, notarization may still be requested by a financial institution, title company, or other organization before accepting it. Understanding when notarization is needed can help prevent delays during property transactions, financial arrangements, and other legal matters.
Key Takeaways
A certification of trust verifies that a trust exists and identifies its current trustee.
Florida Statutes Section 736.1017 establishes the information that a certification of trust must contain.
A certification of trust can be used instead of providing the entire trust agreement to certain third parties.
Florida Statutes Section 736.1017 does not independently require notarization of every certification of trust.
Banks, title companies, and other organizations may have their own notarization or acknowledgment requirements.
The certification must accurately reflect the trust’s current status, trustee authority, and applicable signing arrangements.
A notary verifies the signature and performs the requested notarial act but does not provide legal advice about the trust.
What Is a Certification of Trust?
A certification of trust is a document that summarizes essential information about an existing trust, including its creation date, current trustee, and the trustee’s authority to manage or transact trust property. It allows a trustee to provide proof of authority without automatically disclosing the complete trust agreement.
Under Florida Statutes Section 736.1017, a trustee may furnish this certification instead of providing a copy of the trust instrument to a person other than a beneficiary.
This is particularly useful when a trustee needs to demonstrate authority to handle financial accounts, manage assets, or participate in a real estate transaction.
For example, imagine a family places a property into a revocable living trust. When the trustee later needs to work with a title company to sell the property, the company may request documentation confirming that the person signing the closing documents has the authority to act for the trust.
Rather than automatically providing the entire trust agreement, the trustee may present a certification of trust containing the relevant information.
What Is the Purpose of a Certification of Trust?
The main purpose of a certification of trust is to establish the trust’s existence and verify the authority of the person acting as trustee. It gives third parties relevant information while helping protect private details contained in the full trust agreement.
Common reasons for using one include:
Verifying a trustee’s authority to manage trust assets.
Opening or updating financial accounts held in a trust’s name.
Providing documentation during real estate transactions.
Establishing who can sign documents on behalf of a trust.
Confirming whether a trust is revocable or irrevocable.
Supporting the transfer or management of property owned by a trust.
A certification can make administrative and financial transactions easier because it provides the receiving organization with specific information relevant to the requested transaction.
What Information Must a Certification of Trust Include in Florida?
Florida Statutes Section 736.1017 identifies the information that must appear in a certification of trust. The document should accurately describe the trust, identify the acting trustee, and explain the trustee’s authority.
The required information includes:
Required Information | What It Establishes |
|---|---|
Trust existence and execution date | Confirms that the trust exists and identifies when the trust instrument was executed. |
Identity of the settlor | Identifies the person who established the trust. |
Current trustee and address | Identifies the person currently authorized to act as trustee and their address. |
Trustee powers | Explains the authority granted to the trustee. |
Powers of direction | Identifies any trust directors and relevant authority or directions when applicable. |
Revocability status | Establishes whether the trust is revocable or irrevocable and identifies anyone holding the power to revoke it. |
Co-trustee authority | Explains whether one trustee or multiple trustees must act together. |
Manner of taking title | Identifies how ownership of trust property is held. |
The certification must also state that the trust has not been revoked, modified, or amended in a way that would make its representations incorrect.
This is important because a certification should reflect the trust’s current circumstances rather than outdated information.
Does a Certification of Trust Include the Entire Trust Agreement?
No. A certification of trust does not need to disclose the dispositive terms of the trust, which generally include instructions about how trust property is distributed to beneficiaries.
This is one of its most important advantages.
For example, a financial institution may need to verify who has authority to manage an account without reviewing the family’s complete inheritance arrangements.
However, Florida law allows a recipient to request relevant excerpts from the original trust instrument and subsequent amendments that identify the trustee and establish the trustee’s authority for the pending transaction.
The certification therefore provides a practical balance between verifying authority and protecting private trust information.
Does a Certification of Trust Need to Be Notarized in Florida?
Florida Statutes Section 736.1017 does not specifically require every certification of trust to be notarized. It states that a certification may be signed or otherwise authenticated by any trustee, but the organization receiving the document may impose additional execution or acknowledgment requirements.
This distinction is important because a document can meet the statutory requirements for a certification of trust while still needing additional formalities to satisfy a bank, title company, or other recipient.
Before signing, trustees should confirm exactly what the receiving organization requires.
When Is Notarization Required or Requested?
Notarization may be necessary when the organization receiving the certification requires an acknowledgment or another form of verified execution.
Common situations include:
Real estate transactions: A title company or closing professional may request a notarized certification to verify the trustee’s identity and authority during a property sale or transfer.
Financial institution requirements: A bank may request notarization as part of its internal procedures for establishing or updating trust-related accounts.
Trust-related asset transfers: An organization handling the transfer or management of trust property may request an acknowledged certification before processing the transaction.
Vehicle title transactions: Florida Department of Highway Safety and Motor Vehicles procedures provide specific documentation guidance for transactions involving trusts. Depending on the certification format, notarization or a declaration under penalty of perjury may be required.
Specific legal instructions: An attorney or organization preparing the transaction may request notarization to meet the applicable documentation requirements.
The safest approach is to ask the receiving organization whether it requires a notarized signature, a declaration under penalty of perjury, or another form of authentication.
What Is the Difference Between Signing and Notarizing a Certification of Trust?
Signing and notarizing serve different purposes. The trustee’s signature confirms that the trustee is making the statements contained in the certification, while notarization establishes that the signature was acknowledged or executed through the appropriate notarial process.
Signing | Notarization |
|---|---|
The trustee signs or authenticates the certification. | A notary performs an authorized notarial act. |
Confirms the trustee’s execution of the document. | Helps verify the identity and acknowledgment or sworn execution of the signer. |
Required under the certification provisions of Florida law. | Depends on applicable requirements and the receiving organization’s instructions. |
Does not independently verify the signer’s identity through a notarial act. | Includes the identity verification and certificate requirements applicable to the requested act. |
A notarized certification does not automatically establish that every statement in the document is legally correct. The trustee remains responsible for ensuring that the information is accurate.
When Do You Need a Certification of Trust?
A certification of trust is generally useful when someone needs to verify a trustee’s authority without requesting the complete trust agreement. It is commonly used for financial, property, and administrative transactions involving trust-owned assets.
Here are some situations where a certification may be requested.
1. Opening or Managing a Trust Bank Account
Banks may need to establish who has authority to open, access, or manage an account held by a trust. A certification of trust can provide the institution with the necessary information about the trust and its acting trustee.
The bank may also request additional identification, account documentation, or excerpts from the trust agreement.
2. Buying or Selling Property Held in a Trust
A certification of trust may be requested when a trustee participates in a real estate transaction involving trust-owned property.
For example, if a trustee sells a home held in the name of a family trust, the title company may need to confirm the trustee’s authority to sign the required closing documents.
The certification can help establish:
The identity of the current trustee.
The trustee’s authority to sell or transfer the property.
Whether co-trustees must participate.
How the property is titled in the trust.
Real estate transactions may involve additional deed, title, and recording requirements. A certification of trust does not replace those requirements.
3. Transferring Trust-Owned Assets
A certification may be requested when a trustee needs to transfer or manage certain assets belonging to a trust.
The receiving institution may use the document to confirm that the trustee has the authority necessary to complete the requested transaction.
4. Updating Trustee Information
When a successor trustee takes over, financial institutions and other organizations may need updated documentation identifying the person currently authorized to act.
An updated certification may be appropriate, depending on the circumstances and the requirements of the receiving organization.
How Do You Prepare a Certification of Trust for Notarization?
Preparing a certification of trust for notarization starts with obtaining the correct document and confirming the receiving organization’s requirements. The trustee should make sure the information is accurate before arranging an appointment with a notary.
Follow these steps to prepare.
Step 1: Obtain the Correct Certification Document
Start with the certification of trust prepared by the attorney who created the trust or another qualified legal professional.
If a bank, title company, or other organization provided a specific form, confirm whether that version must be used.
Avoid downloading a generic template and assuming it will meet every institution’s requirements.
Step 2: Review the Trust Information
Check that the certification accurately identifies:
The full name of the trust.
The trust’s execution date.
The settlor.
The current trustee or trustees.
The trustee’s address.
The powers granted to the trustee.
The trust’s revocability status.
The authority of co-trustees, if applicable.
The manner of taking title to trust property.
Make sure the certification also includes the required statement regarding subsequent revocations, modifications, or amendments.
Step 3: Confirm the Notarization Requirements
Ask the receiving organization whether the certification must be notarized.
If notarization is required, confirm whether the document calls for an acknowledgment or a jurat.
These are different notarial acts:
Acknowledgment: The signer confirms that the signature is their voluntary act.
Jurat: The signer takes an oath or affirmation regarding the truthfulness of the statements and signs as required.
The notary should follow the certificate and instructions supplied with the document rather than selecting a notarial act based on assumptions.
Step 4: Prepare Acceptable Identification
The trustee should bring identification that meets Florida’s applicable notarial identification requirements.
If there are multiple trustees, confirm who must attend and sign based on the certification, trust provisions, and receiving organization’s instructions.
Step 5: Complete the Notarial Appointment
The trustee appears before the notary, either physically or through an authorized remote online notarization process when the transaction qualifies.
The notary verifies the signer’s identity, confirms the required appearance, and completes the appropriate notarial certificate.
The trustee should follow the document’s signing instructions and avoid signing in advance when the requested notarial act requires signing in the notary’s presence.
Step 6: Submit the Completed Certification
After the signing and notarization are complete, provide the document to the requesting organization.
Keep a copy of the executed certification for personal records and follow any additional submission instructions.
If the receiving organization identifies a missing requirement, contact the document preparer or attorney before making changes.
What Are Common Mistakes to Avoid When Notarizing a Certification of Trust?
The most common problems involve inaccurate trustee information, outdated trust details, missing signatures, and failure to follow the receiving organization’s requirements.
Avoid these mistakes before arranging an appointment.
Using an Outdated Trustee Name
A certification that identifies a former trustee may not establish the authority of the person currently managing the trust.
Verify that the current trustee information is accurate before signing.
Leaving Out Co-Trustee Requirements
Some trusts allow one trustee to act independently, while others require multiple trustees to participate in certain transactions.
The certification should accurately explain the applicable authority and signing arrangements.
Assuming Every Certification Requires the Same Notarial Act
An acknowledgment and a jurat serve different purposes. The receiving organization may also have specific instructions about how the certification should be executed.
Confirm these details before the appointment.
Signing an Incomplete Document
A certification with missing information, incomplete sections, or absent supporting pages may be rejected.
Have the document reviewed by its preparer before scheduling notarization.
Assuming Notarization Guarantees Acceptance
A notary verifies and completes the requested notarial act. The notary does not guarantee that a bank, title company, or other institution will accept the certification.
Acceptance depends on the document’s contents, the transaction, and the recipient’s requirements.
Can You Use a Mobile Notary for a Certification of Trust?
Yes. A mobile notary can travel to the trustee’s preferred location to complete an eligible notarization, provided the document and requested notarial act meet applicable legal requirements.
This can be especially convenient for trustees who have limited mobility, busy schedules, or multiple people who need to coordinate a signing.
Mobile notary services may be useful for:
Trustees who prefer to sign at home.
Families coordinating estate-related documents.
Individuals staying in hospitals or care facilities.
Trustees who need to arrange a signing at an attorney’s office.
People who require appointments outside traditional business hours.
Signing With Lissy provides mobile notary and legal document signing services throughout Miami, Broward County, and South Florida.
For additional information about the documents and signing arrangements available, explore the company’s Legal and Estate Planning Notary Services.
Can a Certification of Trust Be Notarized Online?
A certification of trust may be eligible for remote online notarization when the document, signer, transaction, and requested notarial act meet Florida’s applicable requirements.
Remote online notarization allows a signer to appear before a registered online notary through an authorized audio-video communication platform.
This can be helpful when trustees are located in different places or cannot attend an in-person appointment.
Before choosing this option, confirm that the bank, title company, or other receiving organization accepts electronically notarized certifications.
Also verify whether the transaction involves additional requirements, particularly when real estate or other regulated assets are involved.
Not every document or transaction is automatically eligible for online notarization.
Frequently Asked Questions About Certification of Trust Notarization
Is a certification of trust the same as a trust agreement?
No. A trust agreement is the complete legal instrument establishing the trust, while a certification of trust is a shorter document summarizing important information about the trust and its trustee. The certification generally does not disclose the trust’s complete distribution provisions.
Does Florida require a certification of trust to be notarized?
Florida Statutes Section 736.1017 does not independently require notarization of every certification of trust. However, the receiving organization may require an acknowledgment or other authentication before accepting the document.
Who signs a certification of trust?
A trustee may sign or otherwise authenticate a certification of trust under Florida Statutes Section 736.1017. The certification must accurately describe whether one or multiple co-trustees are required to exercise trustee powers.
Can a bank require a certification of trust?
Yes. A bank may request a certification of trust to verify the trust’s existence and identify the person authorized to manage trust-related accounts. The bank may also request relevant excerpts from the trust instrument or additional documentation.
Does a certification of trust need witnesses?
Florida Statutes Section 736.1017 does not establish a general witness requirement for a certification of trust. However, the underlying transaction or another applicable legal requirement may involve additional execution formalities.
Can a successor trustee sign a certification of trust?
Yes, provided the person is the currently acting trustee and has the authority to act under the trust instrument and applicable law. The certification should identify the current trustee accurately and reflect any relevant changes.
Can a certification of trust be used to sell property?
A certification of trust may help establish a trustee’s authority in a property transaction. However, the title company, attorney, or other parties involved may require additional documents, such as relevant trust excerpts, deeds, or other transaction-specific paperwork.
Can a notary prepare a certification of trust?
A notary public can perform an authorized notarial act on a properly prepared certification of trust, but notarization does not authorize the notary to draft the trust document or provide legal advice. The certification should be prepared by the trustee with appropriate legal assistance when needed.
How long is a certification of trust valid?
Florida Statutes Section 736.1017 does not establish a fixed expiration date for every certification of trust. However, it must accurately represent the trust’s current status. A new certification may be needed when the trustee changes or when an amendment makes the previous certification inaccurate.
Can I use the same certification of trust for multiple transactions?
Possibly. A certification may be presented to multiple organizations if its information remains accurate and it satisfies each recipient’s requirements. However, some institutions may require a recently signed or transaction-specific certification.
Get Professional Notary Assistance for Your Trust Documents
A certification of trust can make financial and property transactions easier by providing essential information about a trust without requiring the trustee to disclose the entire trust agreement. Understanding its contents and confirming the appropriate notarization requirements can help prevent unnecessary delays.
In Florida, notarization is not automatically required for every certification under Section 736.1017. However, banks, title companies, and other organizations may request an acknowledged or otherwise authenticated document before proceeding.
If you need assistance with a certification of trust or other estate-related documents, Signing With Lissy offers professional mobile notary services throughout Miami, Broward County, and South Florida.
Whether you need a signing at home, an attorney’s office, or another convenient location, having a qualified notary handle the execution process can help keep your documentation organized.
