Certification of Trust - California

CERTIFICATION OF TRUST

Pursuant to California Probate Code Section 18100.5

STATE OF CALIFORNIA

COUNTY OF [________________________________]

I. TRUST EXISTENCE AND IDENTIFICATION

The undersigned Trustee(s), being all of the currently acting Trustee(s) of the trust described herein, hereby certify, pursuant to California Probate Code Section 18100.5, the following:

1. Trust Name:

The name of the trust is: [________________________________] (the "Trust").

2. Date of Execution:

The Trust was established by a written trust instrument executed on [__/__/____].

3. Amendments and Restatements:

☐ The Trust has not been amended since its original execution.

☐ The Trust has been amended. The dates of all amendments are as follows:

☐ The Trust has been completely restated. The date of the most recent restatement is: [__/__/____].

4. Trust Type:

☐ Inter vivos (living) trust

☐ Testamentary trust

☐ Other: [________________________________]

II. SETTLOR IDENTIFICATION

5. Identity of Settlor(s):

The Settlor(s) (also referred to as Trustor(s) or Grantor(s)) of the Trust is/are:

6. Settlor Status:

☐ Settlor is living.

☐ Settlor is deceased. Date of death: [__/__/____].

☐ Co-Settlor is living.

☐ Co-Settlor is deceased. Date of death: [__/__/____].

III. TRUSTEE IDENTIFICATION AND AUTHORITY

7. Currently Acting Trustee(s):

The currently acting Trustee(s) of the Trust is/are:

8. Trustee Succession:

The currently acting Trustee(s) named above is/are serving as:

☐ Original Trustee(s) named in the Trust instrument.

☐ Successor Trustee(s), having succeeded to office pursuant to the terms of the Trust instrument.

9. Manner of Trustee Succession:

The currently acting Trustee(s) succeeded to office by reason of:

☐ Death of prior Trustee

☐ Resignation of prior Trustee

☐ Incapacity of prior Trustee

☐ Removal of prior Trustee

☐ Not applicable — original Trustee(s) currently serving

☐ Other: [________________________________]

IV. SIGNATURE AUTHORITY OF TRUSTEES

10. Trustee Signature Authority:

☐ There is only one currently acting Trustee, whose signature alone is sufficient to exercise all powers of the Trustee.

☐ There are multiple currently acting Trustees. The signature authority is as follows:

    ☐ All currently acting Trustees must sign to exercise any power of the Trustee.

    ☐ Any one Trustee may act alone to exercise any power of the Trustee.

    ☐ A majority of the currently acting Trustees must sign to exercise any power of the Trustee.

    ☐ The signature authority is as follows: [________________________________]

V. POWERS OF THE TRUSTEE

11. Trustee Powers:

The Trust instrument grants the Trustee(s) the following powers, among others, which are relevant to the current transaction:

☐ Power to acquire, sell, exchange, convey, and otherwise deal with real property

☐ Power to acquire, sell, exchange, and otherwise deal with personal property

☐ Power to borrow money and encumber trust property, including the power to execute promissory notes, deeds of trust, and mortgages

☐ Power to open, maintain, and close bank, brokerage, and investment accounts

☐ Power to invest and reinvest trust assets

☐ Power to lease trust property for any term

☐ Power to manage, operate, and maintain any business interest

☐ Power to execute, acknowledge, and deliver any instruments necessary to carry out trust purposes

☐ Power to employ agents, attorneys, accountants, and other professionals

☐ Power to execute contracts and agreements on behalf of the Trust

☐ All powers granted to a trustee under California Probate Code Sections 16200-16249

☐ Other specific powers: [________________________________]

VI. REVOCABILITY OF THE TRUST

12. Revocability Status:

☐ The Trust is revocable. The Trust may be revoked or amended by the following person(s):

    Name(s): [________________________________]

☐ The Trust is irrevocable and may not be revoked or amended.

☐ The Trust became irrevocable upon the death of the Settlor on [__/__/____].

☐ The Trust became irrevocable by its own terms on [__/__/____].

13. Sub-Trusts:

☐ The Trust has been divided into sub-trusts. The sub-trust relevant to this transaction is:

    Sub-Trust Name: [________________________________]

    Revocability of Sub-Trust: ☐ Revocable ☐ Irrevocable

☐ The Trust has not been divided into sub-trusts.

VII. MANNER OF TAKING TITLE

14. Title to Trust Property:

Title to assets of the Trust should be taken in the following manner:

[________________________________], Trustee(s) of the [________________________________], dated [__/__/____]

VIII. TAX IDENTIFICATION

15. Taxpayer Identification Number:

The Taxpayer Identification Number for the Trust is:

☐ The Settlor's Social Security Number (for revocable grantor trusts): XXX-XX-[________________________________]

☐ The Trust's Employer Identification Number (EIN): [________________________________]

IX. INFORMATION NOT REQUIRED TO BE DISCLOSED

16. Pursuant to California Probate Code Section 18100.5, a Certification of Trust is not required to contain the dispositive provisions of the Trust. The undersigned Trustee(s) specifically decline to disclose the following:

(a) The identity of the beneficiaries of the Trust;

(b) The dispositive terms and provisions of the Trust;

(c) The specific distribution provisions of the Trust; and

(d) Any other terms not relevant to the pending transaction or required by law.

X. EXCERPTS AND SUPPORTING DOCUMENTS

17. Pursuant to California Probate Code Section 18100.5(d), the following excerpts from the Trust instrument are attached hereto and incorporated by reference:

☐ No excerpts are attached.

☐ Excerpts from the Trust instrument designating the Trustee(s)

☐ Excerpts from the Trust instrument conferring powers to act in the pending transaction

☐ Excerpts from documents evidencing trustee succession

☐ Other: [________________________________]

XI. REPRESENTATIONS AND WARRANTIES

18. The undersigned Trustee(s), being all of the currently acting Trustee(s) of the Trust, hereby represent and warrant that:

(a) The Trust has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification of Trust to be incorrect;

(b) This Certification of Trust is being signed by all of the currently acting Trustee(s) of the Trust;

(c) The information contained in this Certification of Trust is true and correct as of the date of execution;

(d) The Trustee(s) have the authority to act on behalf of the Trust in connection with the transaction or matter for which this Certification of Trust is being presented;

(e) There are no pending or threatened proceedings that would affect the Trustee(s)' authority to act on behalf of the Trust; and

(f) The undersigned understand(s) that any person who acts in reliance upon this Certification of Trust without actual knowledge that the representations contained herein are incorrect is not liable to any person for so acting, pursuant to California Probate Code Section 18100.5(f).

XII. LIMITATION OF LIABILITY

19. Pursuant to California Probate Code Section 18100.5(f):

(a) A person who acts in reliance upon this Certification of Trust without actual knowledge that the representations contained herein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in this Certification;

(b) A person who in good faith enters into a transaction (and any lien created thereby) in reliance upon this Certification may enforce the transaction against the Trust assets as if the representations contained herein are correct, unless that person has actual knowledge the Trustee is acting outside the scope of the Trust;

(c) This Certification of Trust is intended to provide sufficient information to confirm the existence and terms of the Trust without the necessity of providing a copy of the Trust instrument itself.

XIII. EXECUTION

IN WITNESS WHEREOF, the undersigned, being all of the currently acting Trustee(s) of the Trust identified herein, have executed this Certification of Trust as of [__/__/____].

TRUSTEE:

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

TRUSTEE (if applicable):

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

XIV. NOTARIAL ACKNOWLEDGMENT

ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California

County of [________________________________]

On [__/__/____], before me, [________________________________], a Notary Public, personally appeared [________________________________], who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary: _______________________________________________

(Notary Seal)

XV. CALIFORNIA-SPECIFIC NOTES AND REQUIREMENTS

Important California Legal Notes:

1. Acknowledged Declaration Required. Under California Probate Code Section 18100.5(c), this Certification of Trust must be in the form of an acknowledged declaration (i.e., notarized) signed by all currently acting trustees.

2. Third-Party Reliance. Under California Probate Code Section 18100.5(f), any person who acts in reliance upon this Certification without actual knowledge that the representations herein are incorrect is not liable to any person and may assume without inquiry the existence of the facts contained herein.

3. Requests for Trust Documents. Under California Probate Code § 18100.5(e), a person whose interest is or may be affected may request relevant excerpts identifying trustee succession or transaction authority. Under § 18100.5(h), a demand for additional trust documents can result in damages and attorney's fees only if the statutory beneficiary or litigation exception does not apply and a court finds the demand was made in bad faith.

4. Presumption of Revocability. Under California Probate Code Section 15400, a trust is presumed to be revocable unless the trust instrument expressly provides that the trust is irrevocable. Practitioners should confirm the revocability status.

5. Recording. If this Certification of Trust relates to a real property transaction, it may be recorded in the county where the real property is located. Recording provides constructive notice of the trust's existence and the trustee's authority.

6. Liability for False Certification. A trustee who executes a Certification of Trust containing information known to be false is liable for damages caused by the act of any person who relies on the Certification in good faith.

7. Community Property Considerations. California is a community property state. If trust property includes community property, both spouses may need to be involved in certain transactions regardless of trustee designations.

This Certification of Trust is made pursuant to, and in compliance with, California Probate Code Section 18100.5. This document is not a complete copy of the Trust instrument and does not contain the dispositive provisions thereof.

[END OF CERTIFICATION OF TRUST]