In the State of California a Certification of Trust, per probate code section 18100.5, is used in place of the trust itself as proof of its terms whenever all parties that created the trust area still viable. It should be signed and notarized and include the following provisions:
- Legal name. The legal name lists the name of all Trustees, the trust name and date it was signed. For example: John Smith and Jane Smith, trustees of the John and Jane Smith Revocable Living Trust dated January 2, 2008;
- Date the agreement (trust) was created;
- The name of the Grantor;
- The name and address of the current trustees;
- A statement as to whether the trustees are authorized by the document to sell, convey, pledge mortgage, lease, or transfer title to any interest in real or personal property and if so are there an limitations;
- Whether the agreement is revocable or irrevocable;
- A certification statement to guarantee the voracity , correctness and authenticity of all claims being made in the document by the true and rightful representatives of the trust.
If any of the trustees/trustors of the trust are no longer capable of signing, the complete trust and any amendments should be forwarded to the title officer for review.
IMPORTANT NOTE: A Power of Attorney cannot be used with a trust.