Alabama Certificate of Trust with Real Property as Part of the Corpus

State:
Multi-State
Control #:
US-01183BG
Format:
Word; 
Rich Text
Instant download

Description

A certificate of trust is a shortened version of a trust that verifies the trust's existence, explains the powers given to the trustee, and identifies the successor trustee(s). A certificate of a trust agreement which conveys or contains an interest in real property must generally be recorded in the office of the county clerk where deeds are recorded and the property is located.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

When property is ?held in trust,? there is a divided ownership of the property, ?generally with the trustee holding legal title and the beneficiary holding equitable title.? The trust itself owns nothing because it is not an entity capable of owning property.

The trust agreement is the parent document that details anything and everything regarding the trust, including its agreements. Meanwhile, the certificate of trust is used in tandem to keep nonessential information confidential.

The main difference between a deed and a deed of trust is that a deed is a transfer of ownership, while a deed of trust is a security interest. A deed of trust is used to secure a loan, while a deed is used to transfer ownership of a property.

Code 19-3B-1013 outlines the requirements for a certification of trust in the State of Alabama. When acquiring property in the name of a trust or transferring property to a trust, the bank or escrow company approving the transfer requires confirmation of the trustee's authority to act.

A certificate of trust ? also called a ?trust certificate? or ?memorandum of trust? ? is a legal document that's often used to prove (or ?certify?) a trust exists and to provide information about its important terms.

A certification of trust is a document certifying that a trust was established, exists, and is under the management of a certain trustee. Certifications of trust prove the trustee's legal authority to act as such. Certifications of trust also serve as an abbreviated version of the trust.

Once a declaration of trust has been executed, subsequent declarations can be issued to confirm current terms or amend the existing agreement. Depending on the jurisdiction, the declaration of trust can also be referred to as a trust agreement or a trust document.

A Certification of Trust is a legal document that can be used to certify both the existence of a Trust, as well as to prove a Trustee's legal authority to act. It's shorter than the actual Trust document, and it can offer pertinent information without making every aspect of the Trust public.

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Alabama Certificate of Trust with Real Property as Part of the Corpus