Nevada 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

A trust is generally not an entity that can hold title in its own name. Instead title is often vested in the trustee of the trust. For example: Bruce Buyer trustee of the Buyer Family Trust.

Section 163.556 of the Nevada Revised Statutes authorizes a trustee to decant a trust that has a Nevada situs, is governed by Nevada law, or that is administered under Nevada law.

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 trustee is the person (or people) who holds legal title to the property that is in the trust. The trustee's job is to manage the property in the trust for the benefit of the beneficiaries in the way the settlor has asked.

If the borrower has land, (or uses the money to buy land), then many lenders request a deed of trust as a condition of giving the borrower the money. In Nevada, lenders like a deed of trust (or ?trust deed?) to give them security in case the borrower defaults.

A Nevada certification of trust is a document presented by a trustee, either voluntarily or upon request, to any party conducting business with a trustee. In Nevada, the certificate is codified at NRS 164.410.

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.

Each acting trustee must sign the deed in the presence of a notary public. All transfers in the State of Nevada require an accompanying declaration of value, to be completed and signed by both parties to the transaction (transfer tax exemptions are located at § 375.090).

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