Under A.C.A. 28-73-1013, a trustee can furnish a certification of trust in lieu of the trust instrument to prove his or her authority to act on behalf of an established trust.

The certification is an official document a recipient can rely upon, and assume without inquiry the existence of the facts contained within (28-73-1013(f)(1)). The document contains only information about the trust deemed relevant to the immediate transaction for which it is requested. The recipient has the right to request excerpts from the trust document containing the information presented in the certificate, but this opens the recipient to certain liabilities (e),(h).

The certification includes basic information such as the name, date, and type (revocable or irrevocable) of the subject trust, and verifies that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect (c). It discloses the identities of the trust's settlor and all acting trustees, but maintains the confidentiality of anyone having a beneficial interest in the trust. The powers of the trustee relevant to the conveyance of trust property are enumerated, as well as any requirements for authenticating documents in the case that there are multiple trustees. Finally, the certificate establishes the name by which a trust will vest title to real property.

As with all documents relating to real estate, the certification should contain a legal description of the subject property. This is the same legal description found on the deed conveying the property into the trust. The certification of trust is signed by any trustee in front of a notary public before it is recorded in the county in which the subject property is situated.

Each case is unique, so contact an attorney with any questions regarding certifications of trust or for complex situations.

(Arkansas Certificate of Trust Package includes form, guidelines, and completed example)

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