Certificate of Trust in Utah: A Simple, Secure Way to Prove Your Trust’s Authority
One of the most common questions we hear from clients after creating a revocable living trust is: “Do I have to give banks or financial institutions a copy of the whole trust?”
The short answer is no — and in most cases, you shouldn’t. Instead, Utah law allows you to use a document called a Certificate of Trust, which verifies the existence and authority of your trust without revealing private details about your assets, beneficiaries, or distribution plan.
This page explains what a certificate of trust is, how it works in Utah, why it’s so important, and how it fits into your larger estate planning strategy.
What Is a Certificate of Trust?
A Certificate of Trust (sometimes called an “Abstract of Trust” or “Certification of Trust”) is a legal summary of key information about your trust. It confirms the trust’s existence, names the current trustee, and outlines their powers — but it does not include sensitive details like who your beneficiaries are or how your assets will be distributed.
Financial institutions, title companies, and investment custodians often require proof that a trust exists before allowing transactions or transfers. A certificate of trust provides that proof without disclosing the private contents of the trust itself.
Why You Should Never Share Your Entire Trust
Your trust agreement contains private, sensitive information — including:
The names of your beneficiaries
How and when they will receive distributions
Provisions for special needs or asset protection
Tax planning or charitable strategies
None of that is relevant to a bank or title company. Sharing the full document increases your privacy risk and can even expose beneficiaries to unwanted scrutiny. A certificate of trust solves this problem by disclosing only what is legally necessary.
What a Certificate of Trust Includes (and What It Doesn’t)
A properly prepared certificate of trust in Utah generally includes the following information:
The name and date of the trust
The name(s) of the current trustee(s)
The powers granted to the trustee (e.g., the power to sell, transfer, or manage property)
Whether the trust is revocable or irrevocable
The name(s) of the successor trustee(s) (optional)
A statement that the trust is in full force and effect
What it does not include:
Names of beneficiaries
Details of asset distribution
Schedule of trust property
Tax strategies or planning provisions
This makes it a secure and practical way to do business on behalf of your trust.
Utah Law on Certificates of Trust
Under Utah Code § 75-7-1013, trustees are permitted to provide a certification of trust instead of the full trust instrument. Financial institutions, title companies, and other third parties must accept a valid certificate and cannot require disclosure of the entire trust unless they have a legitimate reason to question its authenticity.
This law protects your privacy while ensuring that third parties have the information they need to verify the trust’s existence and the trustee’s authority.
When You’ll Need a Certificate of Trust
A certificate of trust is often required when you or your successor trustee need to:
Open or manage a bank or investment account in the name of the trust
Transfer or sell real estate owned by the trust
Refinance a mortgage on trust-owned property
Work with financial advisors, title companies, or insurance companies
Manage business interests owned by the trust
Prove trustee authority to third parties without sharing the full trust document
Having a certificate prepared and ready to use can save significant time and hassle when handling financial or legal transactions.
How a Certificate of Trust Fits Into Your Estate Plan
The certificate of trust is a supporting document that ensures your trust functions smoothly in the real world. It complements the other core elements of your estate plan:
Revocable Living Trust: The foundation of your probate-avoidance strategy.
Property Deed & Trust Funding: Ensures real estate and assets are properly titled.
Last Will and Testament: Covers any property not transferred into the trust.
Power of Attorney: Allows trusted agents to act on your behalf during your lifetime.
Health Care Directive: Ensures your medical wishes are honored.
Together, these documents form a comprehensive plan that protects your legacy and simplifies the process for your loved ones.
Our Process for Preparing a Certificate of Trust
At Cutler | Riley, we make the process simple and stress-free:
Review Your Existing Trust: We verify key details and confirm the trust is properly drafted and funded.
Draft the Certificate: We prepare a legally compliant certificate that satisfies Utah’s requirements.
Notarization & Execution: We supervise the signing and notarization of the document.
Delivery: We provide copies you can use with banks, title companies, or other third parties.
If needed, we also coordinate directly with institutions to ensure they accept the certificate and process your transaction smoothly.
Common Questions About Certificates of Trust
Do I need a new certificate if I amend my trust?
Yes. If you make significant changes — such as naming a new trustee or changing the trust name — you should update the certificate.
Can I use a certificate of trust for real estate transactions?
Absolutely. In Utah, title companies routinely require a certificate before transferring or refinancing real property held in a trust.
Is a certificate legally binding?
Yes. Under Utah law, a properly executed certificate of trust is legally binding, and third parties who rely on it in good faith are protected.
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Take the Next Step
A certificate of trust is a small but powerful document that protects your privacy, simplifies transactions, and ensures your trust functions exactly as intended. Whether you’re creating one for the first time or updating an existing trust, our team can help.
Contact Cutler | Riley today to schedule a free consultation and prepare a certificate of trust that meets Utah’s legal requirements and supports your estate plan.