Butler County Certificate of Trust Form (Nebraska)

All Butler County specific forms and documents listed below are included in your immediate download package:

Certificate of Trust Form

Butler County Certificate of Trust Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Butler County compliant document last validated/updated 10/11/2024

Certificate of Trust Guide

Butler County Certificate of Trust Guide

Line by line guide explaining every blank on the form.
Included Butler County compliant document last validated/updated 10/14/2024

Completed Example of the Certificate of Trust Document

Butler County Completed Example of the Certificate of Trust Document

Example of a properly completed form for reference.
Included Butler County compliant document last validated/updated 8/21/2024

When using these Certificate of Trust forms, the subject real estate must be physically located in Butler County. The executed documents should then be recorded in the following office:

Butler County Register of Deeds/Clerk

451 N Fifth St, David City, Nebraska 68632

Hours: 8:30 to 5:00 Monday through Friday

Phone: (402) 367-7430

Local jurisdictions located in Butler County include:

  • Abie
  • Bellwood
  • Brainard
  • Bruno
  • David City
  • Dwight
  • Linwood
  • Rising City
  • Surprise
  • Ulysses

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 Butler 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 Butler County using our eRecording service.
Are these forms guaranteed to be recordable in Butler County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Butler 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 Butler County that you need to transfer you would only need to order our forms once for all of your properties in Butler County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Nebraska or Butler 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 Butler 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 Nebraska certification of trust is codified at Neb. Rev. Stat. Ann. 30-38, 103 and falls under the Nebraska Uniform Trust Code, a collection of statutes adopted from the Uniform Trust Code to govern trusts in the State of Nebraska.

In Nebraska, the certification of trust is an affidavit signed by each acting trustee of the trust, containing sworn statements made in the presence of a notary public. The certificate verifies the existence of the trust and is an abstract of relevant provisions of the trust in lieu of the entire trust instrument.

The document may be presented by a trustee or requested by any person doing business with a trustee, particularly in transactions involving real property (though failure to request a certificate of trust is not considered an "improper act" under 30-38,106). As the trust itself cannot hold title, the trustee acts as a representative of the trust. When the transaction for which the certificate of trust is presented or requested involves real property, the legal description of the parcel subject to the transaction should be included.

The certificate of trust may be used by trustees of both living trusts and testamentary trusts. For a living trust, the certificate requires the date of the trust instrument's execution and the identity of the trust's settlor. For a testamentary trust, the certificate gives the death date of the decedent and the testator's identity. In Nebraska, a certificate of trust requires the identity of the beneficiary or beneficiaries of the trust and their relationship to the settlor or testator, as well.

Essential information contained in the certificate includes the name of the currently acting trustee and a description of the trustee's relevant powers, and any restrictions on those powers in dealing with the trust's assets. In addition, the certificate identifies any successor trustee named by the trust instrument (or will, in the case of a testamentary trust), or the procedure given for choosing a successor trustee, if any exists.

If more than one person is an appointed trustee, the document requires details regarding co-trustees' authority to exercise powers. For example, a trust's provisions might specify a single trustee in charge of certain duties, and require that trustee to handle those duties solely. Or, the trust may stipulate that trustees are to act and sign documents jointly.
Additional requirements for the document include the name under which the trust will take and hold assets, the trust's identification number, and the name of the state or other jurisdiction under which the trust was formed. Trusts can further be categorized into revocable or irrevocable trusts, so the certificate should identify whether or not the trust can be revoked, and by whom it is revocable.

Finally, the document requires a notice that the trust has not been revoked or amended so as to cause the statements contained within to be incorrect, and that all the acting trustees have signed the certificate. Recipients of a certificate may rely upon the statements contained within as factual (Neb. Rev. Stat. Ann. 30-38,105). The presentation of a certificate of trust, however, does not prevent the recipient from requesting the excerpts from the trust instrument conferring the relevant powers to act in the pending transaction unto the trustee ( 30-38,104).

Aside from the above requirements, the certificate should meet all prerequisites for recording documents affecting real property in the State of Nebraska. Consult a lawyer with any questions about certifications and trusts in Nebraska, as each situation is unique.

(Nebraska COT Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Butler 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 Butler 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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November 1st, 2024

Very thorough with plenty of instructions. Nice to be able to fill in the forms on my computer at my own pace and edit if needed. Jim

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October 25th, 2024

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Nancy R.

October 25th, 2024

Deeds.com is very precise, helpful and friendly. I found the form I needed without any effort and everything worked perfect and smooth. I recommend it 100%. rnThank you.

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Gary B.

March 30th, 2021

After spending $21 to obtain a Quit Claim Deed form, I realized that I was in over my head. There are a lot of legal considerations and I am not familiar enough with the legal terms and choices to feel confident doing it myself. I since hired a paralegal service to prepare my Quit Claim. I wish I knew the knowledge required before I purchased.

Reply from Staff

Glad to hear you sought the assistance of a legal professional familiar with your specific situation Gary. We always recommend this to anyone not completely sure of what they are doing.

ELIZABETH G.

August 7th, 2020

This site was very easy to use. Great direction on how to complete the form.

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Bohdan F.

June 23rd, 2023

Quick, efficient and the instructions were clear.
Thank you

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Michael H.

April 8th, 2020

Very responsive and thorough. Glad to have found such a great company for our recording needs.

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Lenore B.

January 13th, 2019

Thank you for making this deed available. The guide was such a big help.

Reply from Staff

Thanks Lenore, have a great day!

Ken C.

October 20th, 2020

I did a Beneficiary Deed, package came with all forms and instructions. Recorder accepted first time.
Ken C

Reply from Staff

Thank you for your feedback Ken. We really appreciate it.

A. S.

February 27th, 2019

First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.

Reply from Staff

Thank you for your feedback. We'll have staff review the document for clarity. Have a great day!

Edward B.

May 13th, 2020

Thank you for the rapid response. I shall persevere in my search using other public records.
I shall keep your website handy for other such searches in the future.

Reply from Staff

Thank you!

JOSEPH P.

March 12th, 2021

It would have been a lot better if I could have downloaded ALL at once, as a package.

Reply from Staff

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Jeffrey W.

October 20th, 2021

You should add a button to cancel a package. I uploaded a document for e-recording, but wanted to cancel because I got a more clear copy.

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Thank you!

Barbara P.

June 11th, 2024

Love this service! So easy and quick

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Richard M.

January 9th, 2020

Needed some help at the beginning but once I was into the program it was smooth sailing.

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