Benson County Certificate of Trust Form (North Dakota)

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

Certificate of Trust Form

Benson County Certificate of Trust Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Benson County compliant document last validated/updated 10/23/2024

Certificate of Trust Guide

Benson County Certificate of Trust Guide

Line by line guide explaining every blank on the form.
Included Benson County compliant document last validated/updated 9/26/2024

Completed Example of the Certificate of Trust Document

Benson County Completed Example of the Certificate of Trust Document

Example of a properly completed form for reference.
Included Benson County compliant document last validated/updated 9/24/2024

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

Benson County Recorder

Courthouse - 311 B Ave South / PO Box 193, Minnewaukan, North Dakota 58351-0193

Hours: 8:30 to 12:00, 12:30 to 4:30 M-F / CT

Phone: (701) 473-5332

Local jurisdictions located in Benson County include:

  • Esmond
  • Fort Totten
  • Knox
  • Leeds
  • Maddock
  • Minnewaukan
  • Oberon
  • Saint Michael
  • Tokio
  • Warwick
  • York

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

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

What are supplemental forms?

Often when a deed is recorded, additional documents are required by North Dakota or Benson 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 Benson 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.

Codified at N. D. Cent. Code 59-18-13 as part of the North Dakota Uniform Trust Code, the certification of trust is a document containing essential information about a trust. A trustee can present a certificate when entering transactions on behalf of a trust. As the name suggests, the form certifies the trust's existence and the trustee's authority to conduct business in the trust's name, and its recipient may rely upon the facts contained within it without further inquiry ( 59-18-13(6)).

A trust is an arrangement whereby a settlor (or grantor) transfers property to another person (trustee) to be held for the benefit of third (beneficiary). The trust is governed by the terms expressed in the trust instrument, a (generally) unrecorded document that designates the trustee, contains the scope of the trust's assets, and identifies the trust's beneficiaries. Some types of trust take effect during the settlor's lifetime (inter vivos trust), and others take effect upon the death of the settlor (testator), as provided for by a will (testamentary trust).

In North Dakota, the certification states that the trust exists and provides the trust's name and effective date of the trust instrument. In addition, it identifies each person who has contributed property to the trust as a settlor and gives the name and address of the currently acting trustee. The trustee's powers relevant to the pending transaction are enumerated; reference may be made to the statutory trustee powers codified at chapters 59-09 through 59-19 of the North Dakota Uniform Trust Code. The recipient of a certification of trust can request copies of excerpts from the trust instrument designating the trustee and conferring the power to act in the business at hand ( 59-18-13(5)).

The certificate also defines the trust as either irrevocable or revocable, and names who, if any, holds a power to revoke the trust. If the trust has co-trustees, the certificate states whether or not all trustees are required in order to carry out trustee powers. It also specifies, by name, which trustees can authorize trust documents. Finally, the document contains a statement that the trust has not been revoked, modified, or amended in any way that would falsify the statements made within.

Generally, it is unnecessary to provide a certificate of trust alongside conveyances of property from trustees in North Dakota, as the "trustee of a trust that holds title to real property is presumed to have the power to sell, convey, and encumber the real property unless restrictions on that power appear in the records of the county recorder" ( 47-10-26).

However, some situations may warrant an accompanying certificate, such as when a trustee is incorrectly identified on the deed into trust, or the trustee named on the current deed has been replaced [1]. When property deeded into a trust is erroneously titled in the name of the trust rather than the trustee of the trust, the subsequent conveyance out of the trust may be validated if the trustee's identity "is reasonably ascertainable from the conveyance or from other information of public record," such as a certification of trust ( 47-19-42.1). When used in transactions involving real property, the certificate should provide a legal description of the subject property.

The certificate must be signed by a trustee in the presence of a notary public. If recording is applicable to the situation, the certificate may be recorded through the recorder's office. Consult a lawyer with any questions.

(North Dakota COT Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Benson 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 Benson 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.

4.8 out of 5 - ( 4434 Reviews )

James S.

November 21st, 2024

Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.

Reply from Staff

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Thomas G.

November 21st, 2024

Wasn’t what I expected

Reply from Staff

Sorry to hear that your expectations were missed. Your order has been canceled. We do hope that you find something more suitable to your expectations elsewhere. Do keep in mind that purchasing legal forms should not be an exploratory endeavor.

Jimmy P.

November 20th, 2024

They sent me everything I would need to do this. Easy purchase -Easy download. Great!! I'll be back here for all my document needs.

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August 14th, 2019

Very convenient & easy to use this website. Information was helpful.

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December 19th, 2018

I accidentally ordered 2 forms for the affidavit of death. I only need one.

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July 13th, 2020

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April 14th, 2019

My initial review during download and before reading the guide and forms looks promising.

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January 25th, 2021

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July 21st, 2020

Turn time was great. Highly recommend.

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Marion Paul W.

January 31st, 2019

Quick service .Easy download.I ordered Quit
Claim and should have ordered warranty deed. I will make it work

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James M.

November 23rd, 2020

Clear and easy instructions! Prompt notices of steps and status. Great job! I wish all counties in all states were this easy!

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Gloria L.

June 18th, 2022

Quick and simple process! I wish I would have used them sooner!

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Cathy F.

March 2nd, 2022

Glad I found you. After much searching, you had the right form that I needed. Quick and easy.

Cathy

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Philip C.

July 2nd, 2019

The product I purchased looks great and I added Adobe to be able to copy it, but for some reason I can't,so I will delete Adobe and then try again to copy what i paid for. I have all the PDFS' and my computer and printer are fairly new (windows 10),I should have tried to copy it first, I'll get it!
Thanks

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Doris P.

February 17th, 2020

Easy to understand and fill out Beneficiary Deed, but when I tried to download finished form, it disappeared! Luckily I had printed it first and had to fill out again.

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