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What is a Certificate of Trustee Authority and Power in CA?

A Certification of Trustee Authority and Power is a legal document that essentially verifies both the existence of a trust and the trustee’s legal authority to act on behalf of the settlor. The Certification outlines the contents of the trust including who the settlor is, who is appointed as trustee, and what instructions were left for them in the event of the settlor’s death. The document gives an overview of the trust without making every aspect of its content’s public.

A Certificate of Trustee Authority and Power is generally used to certify to a third party the trustee is authorized to administer the trust. The third party will rely on the Trust Certification if any possible issues arise in the future. Any false or misleading statements on the Certification of Trustee Authority and Power will fall on the trustee for perjuring themselves.

Certificate of Trustee Authority and Power Contents

It’s incredibly important you have all the required information regarding the trust included in your Certification of Trustee Authority and Power. According to the California’s Trust Law Section 18100.5, the Certification must confirm the following facts:

• Existence of the trust and it’s date of execution
• Who the settlor is and the acting trustees of the trust
• Powers of the trustee
• Whether the trust is revocable or irrevocable and who has the power to revoke the trust
• If there are multiple trustees, it must include the signature authority of the trustees, indicating whether all, or less than all, of the currently acting trustees are required to sign in order to exercise various powers of the trustee
• Trust identification number, it can be a social security number or employer identification number
• Manner in which title to trust assets should be taken
• Legal description of any interest in real property held in the trust

Who fills Out the Certificate of Trust?

It’s recommended you have a Certification of Trustee Authority and Power completed once you’ve finished setting up your living trust. That way you have it on hand in case a third-party requests certification. It will also save your trustee(s) time and money in the event you pass suddenly. Any changes to the Trust Certification can only be made by the settlor, so it’s important you ensure yours is up to date at all times.

The Certification of Trustee Authority and Power is signed by all trustees and the settlor. If there are two settlors, then they both must sign the document. It must be signed in the presence of a Notary Public and once it’s signed and notarized it should be final. You may also have to record the certification of trust if it relates to an interest in real property in the office of any county recorder in any county in which all or a portion of the real property is located.

You can find a Notary Public at any of the following:

• Law offices
• Colleges
• Real estate offices
• Tax preparer or accountant offices
• Parcel shipping stores
• License service centers
• Libraries
• Financial institutions like a bank
• American Automobile Association (AAA)

Additional Resources

Rights of Third Persons | CA Trust Law
Visit the official website for California’s Statutes to read up on their laws regarding the protection and rights of third parties in regard to trusts. Access the site to read what’s required in a trust certification, how a trustee may be liable for damages, how a third-party can request the full trust and the disadvantages behind that, as well as other pertinent information related to trust certifications.

Estate Planning Coursebook by Botti & Morison
Visit the official website for the Estate Planning Coursebook created by the talented and seasoned lawyers at Botti & Morison. Access the document to learn the differences between a will and trust, advantages of both, disadvantages of both, and answers to frequently asked trust questions.

Certificate of Trustee Authority and Power Services in Ventura County, Los Angeles County and Central California

Establishing a proper living trust that addresses all your needs and meets the requirements laid out in California Trust Law can be incredibly challenging. If you’re in need of assistance, contact the experienced estate planning team at Botti & Morison. Both Chris Botti and Paul Morison have decades of estate planning practice they can utilize for you and your family no matter the size of estate.