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CERTIFICATION OF TRUST AND DECLARATION OF TRUST

CERTIFICATION OF TRUST

Certification of trust is document provisions of a Trust that banks and other financial institutions will need to legally transfer title of a financial account to the name of the Trust. It stated who created the trust, who has the power to amend and/or revoke the trust, the current trustee(s), the successor trustee(s), and the powers granted to a trustee. It does not mention beneficiaries of the trust (other than the Trustor), and does not mention distribution provisions. Thus, the Trustor’s privacy is preserved.

California Probate Code §18100.5 regarding certification of trust was passed in 1993. It authorizes the use of this instrument. Now instead of providing the first page of the , the signature page and the power of trustee, the financial institution can accept certification of the trust,

California legislative information about certification of the trust can be found online under Section 18100.5

DECLARATION OF TRUST

Declaration of trust is an oral statement or, most commonly, written document stating that the property held in the trust for the benefit of another. It is a one-page document with the notarized Trustor ’s signature, that states the Trustor(s)’ intention that his property is to be titled in the name of the Living Trust, even in the absence of any formal document such as a Trust Transfer Deed or a Grant Deed.

One of the purpose of to establish the Trustor’ intent if someone passes away after validly executing a living trust but before a deed will be executed.