A California certification of trust lets a trustee prove the trust exists without handing over the whole trust document. Under Probate Code section 18100.5, it’s signed by all currently acting trustees and acknowledged before a notary.
Westside homeowners with a living trust run into this when they open an account in the trust’s name, refinance a house in Cheviot Hills or Santa Monica, or take over as successor trustee after a parent dies. Here’s how the notary part goes.
What goes in a certification
The statute lists what it covers: that the trust exists and when it was signed, who the settlors and current trustees are, the trustees’ powers, whether the trust is revocable and by whom, how many trustees must sign to act, and how title to trust property should be held. Many banks and title companies have their own form. If they do, use it.
Who signs
All the currently acting trustees. For a married couple who are co-trustees, that’s both spouses. If one has died and the other is the sole trustee, it’s the survivor. If a parent has died and you’re the successor trustee, it’s you, along with any co-successors named in the trust.
Every trustee who signs has to appear before the notary with acceptable ID. If a co-trustee lives elsewhere, they can sign a counterpart in front of a notary where they are, if the bank accepts separate signature pages. Ask first.
What the notary does and doesn’t do
We identify each trustee and complete the acknowledgment. We don’t read the trust, confirm the facts in the certification, or check that the right people are signing. That’s on the trustees, and the bank relies on what you certify.
Have these ready
- The completed certification, with every blank filled in.
- The trust’s exact name and date, copied from the trust itself.
- For a successor trustee, the death certificate and any resignation or acceptance documents the bank asked for.
- ID for every signer.
A certification can be recorded with the county where trust property is located, but once recorded it’s public. Most people just hand it to the bank or title company.
If you’re also moving the house into or out of the trust, that’s a deed. See our pages on living trusts and deeds. For questions about the trust itself, talk to an estate planning attorney.
Need a notary? We come to you anywhere in Los Angeles County, 24/7 by appointment. Book online or call (424) 484-9268.