Broadwater County Certificate of Trust Form (Montana)
All Broadwater 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 Broadwater County compliant document last validated/updated 8/2/2024
Certificate of Trust Guide
Line by line guide explaining every blank on the form.
Included Broadwater County compliant document last validated/updated 8/14/2024
Completed Example of the Certificate of Trust Document
Example of a properly completed form for reference.
Included Broadwater County compliant document last validated/updated 6/26/2024
The following Montana and Broadwater 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 Broadwater County. The executed documents should then be recorded in the following office:
Broadwater County Clerk / Recorder
515 Broadway St, Townsend, Montana 59644
Hours: 8:30 to 4:30 M-F
Phone: (406) 266-3443
Local jurisdictions located in Broadwater County include:
- Radersburg
- Toston
- Townsend
- Winston
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 Broadwater 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 Broadwater County using our eRecording service.
Are these forms guaranteed to be recordable in Broadwater County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Broadwater 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 Broadwater County that you need to transfer you would only need to order our forms once for all of your properties in Broadwater County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Montana or Broadwater 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 Broadwater 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.
The certification of trust in Montana is an affidavit containing sworn statements made by the trustee or trustees of a trust.
In a trust arrangement, a settlor entrusts property to a trustee for the benefit of a beneficiary. The trustee is the administrator of the trust's assets.
Instead of furnishing the trust instrument (an unrecorded document containing the trust's provisions, including the designation of the trust's beneficiary) the certificate is an abstract supplying only the relevant information required of the trustee in order to prove his authority to enter into a transaction on the trust's behalf.
Codified under the Montana Uniform Trust Code at 72-38-1013, the certification of trust contains basic information, such as the trust's name, date, settlor, and each trustee's name and address. The certificate verifies that the trust exists and that the trustee is authorized to act by providing a description of the trustee's powers relating to the pending action.
For example, a trustee may furnish a certificate when conveying real property held in a living trust. When used in real property transactions, a recorded certificate fulfills the requirements under Mont. Code Ann. 72-38-1111 for a valid transfer of real property by a trustee. When used for transactions involving real property, the certificate should also include the legal description of the parcel subject to the transaction.
The certificate must also designate whether or not the trust is revocable, and who, if any, has authority to revoke the trust. For trusts with multiple trustees, the document also specifies which trustees have signing authority, and how many are required in order to execute the trustee's powers. The certificate also cites the governing law under which the trust was formed.
Mont. Code Ann. 72-38-1013 provides that the certificate can be signed by any trustee, and signatures must be acknowledged if the document is recorded. When used in real property transfers under 72-38-1111, each acting trustee must sign before the document is recorded, and the certificate should meet all requirements of form and content for recording documents in Montana under 7-4-2636.
Recipients of the certificate can request, in addition, excerpts and/or later amendments from the trust instrument which name the trustee and confer the relevant powers upon the trustee. Requesting the entire trust document exposes the person making the request to certain liabilities ( 72-38-1013(8)).
Finally, the certificate contains a statement confirming that the trust has not been modified in any way that would cause the statements made within to be inaccurate, and the recipient "may assume without inquiry the existence of the facts contained" within ( 72-38-1013(6)).
Consult a lawyer with any questions and for professional guidance regarding certifications of trust in Montana, as each situation is unique.
(Montana COT Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Broadwater 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 Broadwater 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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