Download West Virginia Certification of Trust Forms

The certification of trust is part of the Uniform Trust Code, codified in West Virginia at 44D-10-1013, and provides protection for parties doing business with trustees. The document "need not contain the dispositive terms of a trust" ( 44D-10-1013(d)) and, in West Virginia, is generally not recorded with land records. Rather, the certification is presented to third parties such as banks or other financial institutions doing business with a trustee.

Executed by any trustee, the certificate contains only the pertinent information required for the business at hand and is a basic summary of the trust instrument. It states that the trust exists and that it has not been revoked or modified in a way that would invalidate the information presented within. In addition, it requires the name of each settlor and acting trustee; the trustee's relevant powers; the name of anyone having a power to revoke the trust; the trust's taxpayer identification number; and the name by which the trust vests title to property. The form also details the signing authority of co-trustees, if applicable.

Each situation is unique, so contact an attorney with questions about the certification of trust or any other issue relating to trusts in West Virginia.

(West Virginia COT Package includes form, guidelines, and completed example)