Somerset County Certificate of Trust Form (Maryland)
All Somerset 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 Somerset County compliant document last validated/updated 6/28/2024
Certificate of Trust Guide
Line by line guide explaining every blank on the form.
Included Somerset County compliant document last validated/updated 5/8/2024
Completed Example of the Certificate of Trust Document
Example of a properly completed form for reference.
Included Somerset County compliant document last validated/updated 3/28/2024
The following Maryland and Somerset 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 Somerset County. The executed documents should then be recorded in the following office:
Circuit Court Clerk: Land Records
County Courthouse - 30512 Prince William St, Princess Anne, Maryland 21853
Hours: 8:30 to 4:30 Monday through Friday
Phone: 410-845-4840
Local jurisdictions located in Somerset County include:
- Crisfield
- Deal Island
- Ewell
- Manokin
- Marion Station
- Princess Anne
- Rehobeth
- Tylerton
- Upper Fairmount
- Westover
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 Somerset 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 Somerset County using our eRecording service.
Are these forms guaranteed to be recordable in Somerset County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Somerset 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 Somerset County that you need to transfer you would only need to order our forms once for all of your properties in Somerset County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Maryland or Somerset 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 Somerset 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.
How to Execute a Maryland Certification of Trust
The certification of trust is codified under 14.5--910 of the Estates and Trusts Article of the Maryland Code. The document is an abbreviation of a trust instrument, verifying the trust's existence and the trustee's authority to enter into the impending transaction.
A certification of trust contains only information essential to the transaction at hand; for example, it need not provide the dispositive terms of the trust, so the identities of trust beneficiaries remain private. The rights of certain persons to obtain the trust instrument are reserved for the instances stated under Md. Code Ann., Estates and Trusts 14.5-910(h).
The information required in a Maryland certification of trust includes a statement that the trust exists, the date of the trust instrument under which it was formed, and the identity of the trust's settlor. A settlor is defined under the Maryland Trust Act as "a person...that creates or contributes property to a trust" and can include more than one person (Md. Code Ann., Estates and Trusts 14.5-103(v)).
The certificate includes the name and address of each acting trustee at the time of the certificate's execution, as well as a description of the powers the trustee has related to the pending transaction. For example, if a certificate of trust is presented by a trustee wishing to execute a trustee's deed, a power of sale should be referenced. Recipients of the certificate can request, in addition, the excerpts from the trust instrument which designate the trustee and establish the relevant powers (Md. Code Ann., Estates and Trusts 14.5-910(e)).
The document also identifies the trust as either revocable or irrevocable and, if the former, the identity of anyone having a power to revoke the trust. For living trusts, the settlor generally retains this power. In the case of co-trustees, the certificate tells which can authenticate documents and whether all or fewer are required in exercising trustee powers. Any trustee may sign a certification of trust in the presence of a notary public.
The taxpayer identification number (TIN) of the trust is required, unless this number is the Social Security number (SSN) of the settlor. Irrevocable trusts are assigned their own taxpayer ID, separate from a SSN.
Finally, the certificate contains the name by which the trust is to hold title to assets, including real property. Where the certificate is used in transactions involving real property, a legal description of the property subject to the trust should be included. The certificate must contain a statement "that the trust has not been revoked, modified, or amended in a manner that would cause the representations in the certification of trust to be incorrect" (Md. Code Ann., Estates and Trusts 14.5-910(c)).
Recipients of a certificate may rely on the correctness of its content, and are protected under Md. Code Ann., Estates and Trusts 14.5-910(f).
Contact an attorney with any questions regarding Maryland trusts and certifications of trust, as trust law can quickly become complicated and each situation is unique.
(Maryland COT Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Somerset County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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