Certification of Trust Requirements in Kentucky

At a glance

Requirements one by one

Kentucky requires seven listed information groups

KRS § 386B.10-120(1) authorizes a trustee to furnish a certification instead of the trust instrument to a person other than a beneficiary. The certification must state the trust's existence and signing date, settlor identity, the acting trustee's identity and address, trustee powers, revocability and the identity of any revocation-power holder, cotrustee authentication authority, and the manner of taking title to trust property.

Subsection (3) separately requires a statement that the trust has not been revoked, modified, or amended in a way that makes the certification's representations incorrect. The statute does not add a TIN, situs, governing-law statement, successor- trustee list, or transaction-property description to that mandatory list.

Any trustee may authenticate, including by recognized electronic means

KRS § 386B.10-120(2) says the certification “may be signed or otherwise authenticated by any trustee.” That signer rule is separate from the required statement describing how many cotrustees must participate to exercise the underlying trustee powers.

Kentucky's electronic-estate-planning act has applied since July 15, 2026. KRS § 394.720 expressly includes a certification under § 386B.10-120 within its definition of a nontestamentary estate-planning document, and § 394.730 says such a document or signature cannot be denied legal effect solely because it is electronic. The act does not apply if the document itself precludes an electronic record or signature. Neither the certification section nor these electronic provisions impose a universal oath, acknowledgment, witness, or notary ceremony.

Dispositive terms may stay private, subject to limited excerpts

Under KRS § 386B.10-120(4), the certification need not contain the trust's dispositive terms. Subsection (5) nevertheless lets the recipient require excerpts from the original instrument and later amendments that designate the trustee and confer the power to act in the pending transaction.

That wording does not create an automatic right to the entire instrument or to every provision a recipient would prefer to review.

Reliance, enforcement, and excess demands use distinct standards

KRS § 386B.10-120(6) protects a person that relies without knowledge that the certification is wrong and permits that person to assume the certified facts without inquiry. Possessing all or part of the trust instrument does not, by itself, impute knowledge of its terms.

Subsection (7) separately requires good faith for transaction enforcement against trust property. Under subsection (8), a person who demands the trust instrument in addition to a certification or excerpts is liable for damages if a court finds the demand was not made in good faith. The section does not add costs or attorney fees to that remedy.

Judicial access remains available in District Court

KRS § 386B.10-120(9) preserves the right to obtain the trust instrument in a judicial proceeding concerning the trust. Subsection (10) gives the District Court exclusive jurisdiction over matters under the certification section.

What trips people up

• Any trustee may authenticate the certification. The document must describe cotrustee authority, but all trustees do not have to sign the certification merely because multiple trustees are serving.
• Electronic recognition is now current law. The relevant KRS Chapter 394 provisions took effect July 15, 2026 and expressly include a certification under § 386B.10-120.
• Damages are the listed bad-faith-demand remedy. The Kentucky section does not add costs, expenses, or attorney fees.
• No recording effect appears in the certification section. KRS § 386B.10-120 does not say that recording is required, transfers title, or creates notice.

Common questions

Does a certification itself create or validate the trust?

No. KRS § 386B.10-120 governs selected representations made to a third party and the consequences of reliance. It does not replace the separate law governing trust creation or validity.

Does the substitute-document rule apply when the recipient is a beneficiary?

No. Subsection (1) authorizes the certification in place of the trust instrument for a person other than a beneficiary.

Can the full trust instrument still be obtained in litigation?

Yes. Subsection (9) preserves access in a judicial proceeding concerning the trust.

Statutes and sources

• KRS § 386B.10-120(1)-(10) — availability, required contents, any-trustee authentication, no-inaccuracy statement, omitted dispositive terms, limited excerpts, reliance, enforcement, bad-faith-demand damages, judicial access, and District Court jurisdiction. Kentucky Legislative Research Commission (accessed 2026-07-31).
• KRS §§ 394.720(3), (5)(a)3, 394.724(1)-(2), and 394.730(1)-(3) — electronic- signature definition, express inclusion of trust certifications, scope and document opt-out, and recognition of electronic documents and signatures. Kentucky Legislative Research Commission — definitions, scope, and recognition (accessed 2026-07-31).