Pottawatomie County Certificate of Trust Form (Kansas)
All Pottawatomie County specific forms and documents listed below are included in your immediate download package:
Certificate of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Pottawatomie County compliant document last validated/updated 8/22/2024
Certificate of Trust Form
Line by line guide explaining every blank on the form.
Included Pottawatomie County compliant document last validated/updated 6/25/2024
Completed Example of the Certificate of Trust Document
Example of a properly completed form for reference.
Included Pottawatomie County compliant document last validated/updated 4/26/2024
The following Kansas and Pottawatomie County supplemental forms are included as a courtesy with your order:
When using these Certificate of Trust forms, the subject real estate must be physically located in Pottawatomie County. The executed documents should then be recorded in the following office:
Pottawatomie County Register of Deeds
207 N First St / PO Box 186, Westmoreland, Kansas 66549
Hours: 8:00am to 4:30pm M-F
Phone: (785) 457-3471
Local jurisdictions located in Pottawatomie County include:
- Belvue
- Emmett
- Fostoria
- Havensville
- Olsburg
- Onaga
- Saint George
- Saint Marys
- Wamego
- Westmoreland
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Pottawatomie County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Pottawatomie County using our eRecording service.
Are these forms guaranteed to be recordable in Pottawatomie County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Pottawatomie County including margin requirements, content requirements, font and font size requirements.
Can the Certificate of Trust forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Pottawatomie County that you need to transfer you would only need to order our forms once for all of your properties in Pottawatomie County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Kansas or Pottawatomie County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Pottawatomie County Certificate of Trust forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Part of the Kansas Uniform Trust Code, the certification of trust is codified at K.S.A. 58a-1013.
In lieu of the trust instrument, a trustee doing business with a third party who is not a trust beneficiary can provide an acknowledged certification of trust. The certification is an abstract of the trust instrument and contains only information essential to the transaction.
A trust instrument, executed by the trust's settlor, contains the trust provisions. It designates a trustee, or a fiduciary that represents the trust. The trust instrument also identifies the trust beneficiaries, or the person(s) having a present or future interest in the trust (K.S.A. 58a-103(2)(A)).
A certification of trust does not disclose the trust's beneficiaries, or other information a settlor may wish to keep private. In Kansas, only trust instruments pertaining to "the state, or any county, municipality, political or governmental subdivision, or governmental agency of the state as the beneficiary" are required to be recorded (K.S.A. 58-2431, 2).
The document certifies, first and foremost, the existence of the trust and the trustee's authority to represent the trust. The certification also states the name, date, and type (revocable or irrevocable) of trust and provides the identity of the trust's settlor, or the person who established the trust and is funding the trust with assets, as well as the name of any person able to revoke the trust, if applicable.
In addition, the certification details the powers that the trustee has been granted relevant to the transaction at hand. For trusts with more than one trustee, the document identifies all trustees who may authorize documents relating to the trust and whether all or less than all is required to authenticate trust documents. Finally, the certification should include the manner of taking title to trust property.
All Kansas documents affecting real property require a legal description. If using the document in conjunction with a trustee's deed, the certification should contain the legal description of the subject real property.
A recipient of a certification of trust can request copies of excerpts from the original trust instrument and later amendments which designate the trustee and confer the power to act in the pending transaction, but may assume without inquiry the existence of the facts contained in the certification (K.S.A. 58a-1013(e),(f). Requesting the entire trust instrument in addition to the certification or excerpts opens the recipient to certain liabilities in court.
Consult a lawyer for guidance and with any questions relating to trusts or certifications of trust, as each situation is unique.
(Kansas Certificate of Trust Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Pottawatomie County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Pottawatomie County Certificate of Trust form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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