Utah Certificate or Memorandum of Trust Agreement

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Multi-State
Control #:
US-02330BG
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PDF; 
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Description

In most states a certificate or memorandum of a trust agreement which conveys or entrusts an interest in real property may be recorded with the land records clerk of the appropriate county in lieu of the entire trust agreement. The certificate must be executed by the trustee and it must contain the following: (a) the name of the trust; (b) the street and mailing address of the office, and the name and street and mailing address of the trustee; (c) the name and street and mailing address of the trustor or grantor; (d) a legally sufficient description of all interests in real property owned by or conveyed to the trust; (e) the anticipated date of termination of the trust; and (f) the general powers granted to the trustee.

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FAQ

To create a living trust in Utah, prepare a written trust document and sign it in front of a notary. The trust is not functional until you transfer assets into it. A living trust can widen your options and allow you to maintain control of your assets now and in the future.

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.

Trust agreement. The legal document that sets up a trust. It is sometimes called a Declaration of Trust; however, the title on the document may simply read "The Jones Family Trust," or something similar.

Think of a trust certificate like an executive summary: It highlights key information about your trust ? like your trust's name and the name of your trustees ? without sharing information you want to keep private, like the specific property in the trust or your beneficiaries' identities.

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.

The document or statement also contains details of the trust's purpose, its beneficiaries, and how it will be managed by the trustee. The declaration of trust is sometimes referred to as a nominee declaration.

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.

To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.

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Utah Certificate or Memorandum of Trust Agreement