What a Certification of Trust Includes
A trustee does not have to hand over the full trust document to prove their authority. The law offers a simpler option: the certification of trust.
This shorter document confirms the key facts without sharing private details. It works well for real estate deals, banking, and other routine tasks.
A certification of trust lists the date the trust was created, who set it up, who the current trustee is, and what powers the trustee holds. It also notes whether the trust can be changed, how co-trustees share authority, and how to title trust property.
Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information: 1. That the trust exists and the date the trust instrument was executed. 2. The identity of the settlor. 3. The identity and address of the currently acting trustee. 4. The powers of the trustee.
A.R.S. § 14-11013(A)(1)-(4)Privacy Protection and Good Faith Reliance
A key feature of the certification is what it leaves out. It does not need to say who inherits what. The bank or title company will not learn who the beneficiaries are.
A person who relies on a certification in good faith is protected. They can treat the facts as accurate without doing their own review.
If they enter a deal based on the certification, they can enforce it against the trust property. This is true even if the certification has errors.
The law also discourages institutions from demanding the full trust document without good reason. Anyone who demands it without a reasonable basis may owe damages and attorney fees.
For families with a living trust, keeping a current certification on hand makes routine deals easier. It lets you prove your authority while keeping your family's financial details private.