Mclean County Certificate of Trust Form (North Dakota)

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

Certificate of Trust Form

Mclean County Certificate of Trust Form

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

Certificate of Trust Guide

Mclean County Certificate of Trust Guide

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

Completed Example of the Certificate of Trust Document

Mclean County Completed Example of the Certificate of Trust Document

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

McLean County Recorder

Courthouse - 712 5th Ave / PO Box 1108, Washburn, North Dakota 58577

Hours: 8:00 to 12:00 & 12:30 to 4:30 Mon-Fri

Phone: (701) 462-8541

Local jurisdictions located in Mclean County include:

  • Benedict
  • Butte
  • Coleharbor
  • Garrison
  • Max
  • Mercer
  • Riverdale
  • Roseglen
  • Ruso
  • Turtle Lake
  • Underwood
  • Washburn
  • Wilton

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

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

What are supplemental forms?

Often when a deed is recorded, additional documents are required by North Dakota or Mclean 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 Mclean 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 Mclean 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 Mclean 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 - ( 4420 Reviews )

Jimmy W.

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

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

RUTH A.

October 25th, 2024

I am so very thankful for the service that you provide for the public, thank you very much.

Reply from Staff

We deeply appreciate the trust you have placed in our services. Thank you for your valuable feedback and for choosing us.

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.

Reply from Staff

We are delighted to have been of service. Thank you for the positive review!

Joseh R.

May 6th, 2020

Very pleased! Forms easy to understand and use. Thank you!

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Johnnie G.

July 6th, 2020

We had hoped, as this was direct through our State recorder's office, State-specific data would be pre-filled in. Also there is no help when transferring the home title from a Revocable Trust to the living Trustee and new spouse (no example given, no help for which code to use). And the example doesn't match the prior deed revision format submitted by our attorney. So, not the best experience. We may have to get an attorney involved...what we were hoping to avoid

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Elaine S.

April 19th, 2021

Being new at this, the system was somewhat difficult to understand at first. It took a couple of tries before I got it. It seems to be somewhat slow as well. However, it's a wonderful idea to have documents recorded from the comfort of your home, especially in the times that we are in with COVID19. I definitely don't mind paying the fee which I thought was reasonable.

Reply from Staff

Thank you!

FELISA J.

December 18th, 2019

I liked the ease of locating the document I needed and the sample document was extremely helpful. I would have liked the acknowledgement to be on the same page as the rest of the document. It costs for each page recorded.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Marilyn T.

June 30th, 2020

This is an extremely user friendly site! I had been searching the internet for days for the proper Gift Deed document. I had no idea that my state, the great state of Mississippi had their own site. I am truly looking forward to using this site for additional available documents. Many more blessings to the creator of this site! Keep them coming!

Thank You!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

JAMSHEAD T.

December 13th, 2020

An excellent service. Exactly what one would hope for in the 21st century.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Kevin H.

March 1st, 2019

I was able to find the forms I needed and questions answered

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Mark S.

September 14th, 2023

The forms were easy and convenient to use

Reply from Staff

Thank you Mark. We appreciate your feedback.

PAUL L.

November 23rd, 2019

Outstanding site in every way and reasonably priced.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Margaret G.

April 5th, 2022

Easy to navigate.

Reply from Staff

Thank you!

chris h.

March 30th, 2021

so far so good

Reply from Staff

Thank you!

TOM S.

July 21st, 2019

Itwas easy to locate the necessary forms I needed and download worked great.

Reply from Staff

Thank you!