South Carolina 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 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.

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.

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 trust property is also referred to as the corpus, principal, estate or trust res. Trustee - The trustee is the individual or entity responsible for holding and managing the trust property for the benefit of the beneficiary. Trustees can be a corporate fiduciary or any competent individual who is not a minor.

The term ?corpus? is Latin for "body.? A trust corpus is the "body" of the trust. This is the property that is transferred into the trust; also known as the trust res. A trust corpus is one of the fundamental elements that has to be defined for the formation of a valid trust.

The certificate must be acknowledged by the acting trustees and witnesses in the presence of a Notary Public before it is recorded in the county where the subject real property is situated. Consult a lawyer with questions regarding certifications of trust in South Carolina.

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.

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South Carolina Certificate of Trust with Real Property as Part of the Corpus