Page Summary
- A certification of trust is a short document a trustee signs to prove the trust exists and that they have authority to act, without sharing the full trust.
- Tennessee authorizes it in Tenn. Code Ann. 35-15-1013, which lists nine items it must contain, including trustees, powers and revocability.
- The statute requires the trustee’s signature to be attested by a notary public, so every signing trustee needs to appear with valid ID.
- Banks and title companies that rely on it in good faith are protected, which is why they often ask for it instead of the whole trust.
- Most rejections come from outdated trustee names, missing co-trustee signatures or powers that don’t cover the transaction.
A certification of trust in Tennessee is a short, notarized summary that a trustee signs to prove a trust exists and that they have authority to act for it, without handing over the full trust agreement. Tennessee authorizes it in Tenn. Code Ann. 35-15-1013. Banks, brokerages and title companies ask for one when a trustee opens an account, sells a house or refinances property held in the trust, and the institution can rely on it without reading who inherits what. Below is what the document must contain, why third parties prefer it, how to get it notarized and the mistakes that send it back.
What Is a Certification of Trust?
A living trust can run dozens of pages, much of it private: who gets what, when and under what conditions. A bank processing a trustee’s request doesn’t need any of that. It needs to know three things: the trust is real and still in force, this person is the trustee, and the trustee has the power to do what they’re asking.
The certification answers those questions in a page or two. Tennessee’s version comes from the state’s Uniform Trust Code, and the statute says the certification does not have to include the dispositive provisions, meaning the parts that say how the trust estate is distributed.
What Tennessee Code 35-15-1013 Requires
The statute lists the information a certification must contain. Here it is in plain language:
| Required item | What it looks like in practice |
|---|---|
| Existence and date | A statement that the trust currently exists and the date it was created |
| The people | The settlor(s), the currently acting trustee(s), and named successor trustee(s), or a statement that none is named |
| Trustee powers | The trustee’s administrative or managerial powers, such as authority to sell, buy, borrow or open accounts |
| Revocability | Whether the trust is revocable or irrevocable, and who holds any power to revoke it |
| Signing authority | When there are several trustees, how many must sign or otherwise act |
| Successor trustees | The conditions for a successor to take over, or a statement that third parties may rely on a successor’s authority without further proof |
| Tax ID number | The trust’s Social Security or employer identification number, only when it is essential to the transaction |
| Titling | How trust assets should be titled |
| No changes | A statement that the trust has not been revoked, modified or amended in a way that makes the certification incorrect |
The certification must be signed by the trustee or trustees who have signing authority and, in the statute’s words, attested by a notary public.
Why Banks and Title Companies Ask for It
The statute gives third parties a strong reason to accept a certification. A person who relies on one without actual knowledge that it is wrong is protected from liability and may assume the facts it states are true. That lets the bank’s staff act quickly without a lawyer reviewing the whole trust.
It protects the family too. Beneficiaries’ names, shares and conditions stay private, which matters when the trust contains sensitive family arrangements. The statute says a trustee is not required to disclose the dispositive provisions, though the institution may still ask for more information and isn’t obligated to proceed on the certification alone.
Common situations where you’ll be asked for one:
- Opening or retitling a bank or brokerage account in the trust’s name.
- Selling or refinancing a home that was deeded to the trust. Our guide to what happens at a loan signing shows where it fits in a closing package.
- A successor trustee taking over after the original trustee dies or can no longer serve.
- Transferring inherited property out of the trust. If the owner died without a trust or will, the different tool is an affidavit of heirship.
How to Get a Certification of Trust Notarized
- Start with the right form. Ask the bank or title company whether it has its own. If not, the attorney who drafted the trust can prepare one that tracks 35-15-1013.
- Check it against the trust. Names, dates and powers must match the trust document and any amendments exactly.
- Fill every blank before the appointment. A notary should not notarize a document with blanks left in the main text, as the National Notary Association explains.
- Every signing trustee appears. If two co-trustees must both sign, both need to be present with ID, or each signs before a notary separately if the form allows.
- Show current photo ID. Tennessee notaries identify signers by personal knowledge or satisfactory evidence under Tenn. Code Ann. 8-16-112. See our list of IDs a Tennessee notary can accept.
- The notary completes the certificate. Most certifications use an acknowledgment, where the trustee confirms they signed willingly. Tennessee’s statutory acknowledgment wording in Tenn. Code Ann. 66-22-107 is the familiar “personally appeared before me” language.
If you aren’t sure whether your form calls for an acknowledgment or a sworn jurat, our page on notary acknowledgments explains the difference. The notary can’t choose the certificate type for you; that choice belongs to whoever drafted the document or the institution receiving it.
Common Mistakes That Get It Rejected
- Outdated trustee information. A successor trustee signs a certification that still lists the original trustee as acting.
- Missing co-trustee signature. The trust requires two trustees to act together, but only one signs.
- Powers that don’t cover the transaction. The certification lists banking powers, but the trustee is trying to sell land.
- Tax ID included when it isn’t needed. The statute limits the identification number to transactions where it is essential, so leave it off otherwise.
- Name mismatches. The trust’s exact name on the certification differs from how the account or deed is titled.
- Using the certification when the bank wants its own form. Some institutions insist on their form. Asking first saves a second appointment.
Where a Mobile Notary Fits
Trustees are often older adults, or adult children managing a parent’s affairs between work and caregiving. A mobile notary can meet at home, at the office or at an assisted living facility, and can notarize the certification alongside related papers such as deeds or powers of attorney. The will and trust notarization page covers the estate documents Karen notarizes, and the full list of mobile notary services shows everything else she handles around Hixson and Chattanooga.
Frequently Asked Questions
What is a certification of trust?
It is a short document, signed by the trustee and notarized, that confirms a trust exists and shows who the trustee is and what powers the trustee has. Tennessee lets a trustee give it to a bank, title company or other third party instead of handing over the whole trust agreement.
Is a certificate of trust in TN the same as a certification of trust?
People use both names. Tennessee’s statute, Tenn. Code Ann. 35-15-1013, uses the term “certification of trust,” and some banks call their own form a certificate of trust, trust certificate or affidavit of trust. What matters is that it contains what the statute lists and what the institution asks for.
Does a certification of trust have to be notarized in Tennessee?
Yes. The statute describes a certification signed by the trustee or trustees with signing authority and attested by a notary public. In practice most forms use an acknowledgment certificate, but follow the wording the drafting attorney or the institution provides.
Can the notary fill out the certification for me?
A notary can’t decide what your trust says or which powers to list, because that would be legal advice. The attorney who drafted the trust, or the bank’s own form, is the right starting point. Karen can help with clerical typing of information you supply and then notarize the trustee’s signature.
Can a bank still ask for the full trust?
Tennessee’s statute says a person relying on a certification may still ask for more information, and no one is obligated to do business based on a certification alone. A trustee is not required to hand over the dispositive provisions, but may choose to share excerpts, such as the pages naming the trustee and granting the powers.
Schedule a Trustee Signing
Once your attorney or bank has prepared the certification of trust, Karen can come to you, confirm each trustee’s identity and notarize the signatures. She can’t draft the trust terms or advise on trustee powers, but she can help with clerical preparation of details you provide. Call (423) 401-8316 or request an appointment online.
Sources
Priority Mobile Notary Services
Karen McCormick is a Tennessee Notary Public, bonded and insured through the National Notary Association, serving Hixson, Chattanooga and the surrounding communities. This article is general information, not legal advice. Call (423) 401-8316 or email prioritymobilenotaryservices@gmail.com.
