Mchenry County Certificate of Trust Form (North Dakota)

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

Certificate of Trust Form

Mchenry County Certificate of Trust Form

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

Certificate of Trust Guide

Mchenry County Certificate of Trust Guide

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

Completed Example of the Certificate of Trust Document

Mchenry County Completed Example of the Certificate of Trust Document

Example of a properly completed form for reference.
Included Mchenry 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 Mchenry County. The executed documents should then be recorded in the following office:

McHenry County Recorder

Courthouse - 407 Main St S, Rm 206, Towner, North Dakota 58788-4048

Hours: 8:00 to 4:30 M-F

Phone: (701) 537-5634

Local jurisdictions located in Mchenry County include:

  • Anamoose
  • Balfour
  • Bantry
  • Deering
  • Drake
  • Granville
  • Karlsruhe
  • Norwich
  • Towner
  • Upham
  • Velva
  • Voltaire

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

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

What are supplemental forms?

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