Certification of Trust - District of Columbia

CERTIFICATION OF TRUST

District of Columbia

Pursuant to D.C. Code § 19-1310.13

RECORDING REQUESTED BY:

[________________________________]

WHEN RECORDED, MAIL TO:

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

SECTION 1: TRUST IDENTIFICATION

The undersigned Trustee(s), acting under the authority granted by D.C. Code § 19-1310.13, hereby certify and declare the following:

1.1 Trust Name:

The name of the trust is: [________________________________]

(hereinafter referred to as the "Trust").

1.2 Date of Execution:

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

1.3 Trust Amendments and Restatements:

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

☐ The Trust has been amended and/or restated. The dates of amendment(s) and/or restatement(s) are as follows:

1.4 Trust Type:

☐ Inter Vivos (Living) Trust

☐ Testamentary Trust

☐ Other: [________________________________]

1.5 Jurisdiction of Formation:

The Trust was formed and is governed under the laws of: [________________________________]

SECTION 2: SETTLOR/GRANTOR IDENTIFICATION

2.1 Identity of Settlor(s)/Grantor(s):

The Trust was created by the following Settlor(s)/Grantor(s):

2.2 Settlor Status:

☐ The Settlor(s) is/are currently living.

☐ The Settlor(s) is/are deceased. Date of death: [__/__/____]

SECTION 3: TRUSTEE IDENTIFICATION AND POWERS

3.1 Currently Acting Trustee(s):

The following individual(s) or entity(ies) are the currently acting Trustee(s) of the Trust:

3.2 Authority of Co-Trustees:

Pursuant to D.C. Code § 19-1310.13(a)(6), the authority of co-trustees is described as follows:

☐ All currently acting co-trustees are required to act jointly to exercise the powers of the Trustee.

☐ A majority of the currently acting co-trustees may exercise the powers of the Trustee.

☐ Any one co-trustee may independently exercise the powers of the Trustee.

☐ Other arrangement: [________________________________]

3.3 Trustee Powers:

The Trustee(s) has/have the following powers under the Trust instrument and applicable provisions of D.C. Code § 19-1308.16, including but not limited to:

☐ Power to buy, sell, exchange, lease, and otherwise deal with real and personal property

☐ Power to borrow money and encumber trust assets

☐ Power to open and manage bank accounts, investment accounts, and safe deposit boxes

☐ Power to collect, hold, and administer trust assets

☐ Power to execute contracts, deeds, notes, and other instruments

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

☐ Power to make distributions to beneficiaries in accordance with the trust terms

☐ Power to participate in mergers, consolidations, and reorganizations

☐ Power to manage digital assets pursuant to D.C. Code § 21-2501 et seq.

☐ Other powers: [________________________________]

SECTION 4: TRUST PROPERTY PROVISIONS

4.1 Title to Trust Property:

The manner in which title to trust assets is to be taken is as follows:

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

4.2 Taxpayer Identification Number:

Pursuant to D.C. Code § 19-1310.13(a)(7), the Trust's taxpayer identification number is:

☐ Social Security Number (if grantor trust): XXX-XX-[________________________________]

☐ Employer Identification Number (EIN): [________________________________]

SECTION 5: REVOCABILITY STATUS

5.1 Trust Revocability:

Pursuant to D.C. Code § 19-1310.13(a)(5):

☐ The Trust is REVOCABLE. The following person(s) hold(s) the power to revoke the Trust:

Name: [________________________________]

Capacity: [________________________________]

☐ The Trust is IRREVOCABLE.

☐ The Trust was originally revocable but became irrevocable upon the occurrence of the following event: [________________________________] on [__/__/____].

SECTION 6: SUCCESSOR TRUSTEE INFORMATION

6.1 Successor Trustee(s):

The Trust instrument designates the following successor Trustee(s):

6.2 Method of Successor Appointment:

☐ Successor Trustees are appointed as specified in the trust instrument.

☐ The Settlor retains the power to designate successor Trustees.

☐ The currently acting Trustee(s) may designate successor Trustees.

☐ Other method: [________________________________]

SECTION 7: STATUTORY DISCLOSURES AND REPRESENTATIONS

7.1 Pursuant to D.C. Code § 19-1310.13(d), this Certification of Trust does not contain the dispositive terms of the Trust. A recipient of this Certification may require the Trustee to furnish copies of those excerpts from the original trust instrument and later amendments which designate the Trustee and confer upon the Trustee the power to act in the pending transaction, as provided in D.C. Code § 19-1310.13(e).

7.2 Pursuant to D.C. Code § 19-1310.13(c), this Certification states that 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.

7.3 Pursuant to D.C. Code § 19-1310.13(f), a person who acts in reliance upon this Certification of Trust without 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.

7.4 Pursuant to D.C. Code § 19-1310.13(g), a person who in good faith enters into a transaction in reliance upon this Certification of Trust may enforce the transaction against the trust property as if the representations contained in the Certification were correct.

7.5 Pursuant to D.C. Code § 19-1310.13(h), a person making a demand for the trust instrument in addition to or in lieu of this Certification of Trust shall be liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument.

7.6 This Certification is provided for the purpose of the following transaction or relationship:

[________________________________]

SECTION 8: CERTIFICATION AND EXECUTION

The undersigned Trustee(s) do hereby certify under penalty of perjury that all statements contained in this Certification of Trust are true and correct as of the date set forth below.

TRUSTEE SIGNATURE(S):

Trustee 1:

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee 2 (if applicable):

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Trustee 3 (if applicable):

Signature: ___________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

SECTION 9: NOTARIZATION

DISTRICT OF COLUMBIA

ACKNOWLEDGMENT

Before me, the undersigned notary public, on this [__/__/____], personally appeared:

[________________________________]

☐ personally known to me, OR

☐ proved to me on the basis of satisfactory evidence (type of identification: [________________________________])

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.

WITNESS my hand and official seal.

Signature of Notary Public: ___________________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

Commission Number: [________________________________]

[NOTARY SEAL]

SECTION 10: DISTRICT OF COLUMBIA SPECIFIC NOTES

10.1 D.C. Uniform Trust Code: The District of Columbia adopted the Uniform Trust Code effective March 10, 2004 (D.C. Law 15-104, the "Uniform Trust Act of 2003"), codified at D.C. Code § 19-1301.01 et seq. The certification-of-trust provision is codified at D.C. Code § 19-1310.13, within Subchapter X (Liability of Trustees and Rights of Persons Dealing with Trustee) of the D.C. Uniform Trust Code.

10.2 Presumption of Revocability: Under D.C. Code § 19-1306.02(a), a trust is presumed revocable unless the trust instrument expressly provides that it is irrevocable. Practitioners should confirm the trust instrument's express terms regarding revocability.

10.3 Real Property Transactions: For transactions involving real property located in the District of Columbia, this Certification of Trust may be recorded with the D.C. Recorder of Deeds. General recordation and effective-date rules for instruments affecting real property, including instruments declaring or limiting a use or trust, are set forth in D.C. Code § 42-401.

10.4 Digital Assets: The District of Columbia has enacted the Uniform Fiduciary Access to Digital Assets Act of 2020 (D.C. Code § 21-2501 et seq.), which may affect trustee authority over digital assets. Trustees dealing with digital assets should ensure their certification addresses this authority.

10.5 Third-Party Liability Protection: Under D.C. Code § 19-1310.13(f)-(g), a person who acts in reliance upon this Certification of Trust in good faith and without knowledge that the representations are incorrect is protected from liability and may enforce the transaction against trust property.

10.6 Refusal to Accept Certification: Under D.C. Code § 19-1310.13(h), a person who makes a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the demand was not made in good faith.

This Certification of Trust is prepared pursuant to D.C. Code § 19-1310.13 and is intended to provide sufficient information to establish the existence of the Trust and the authority of the Trustee(s) without disclosing the dispositive terms of the Trust instrument.

DOCUMENT CONTROL:

Template Version: 1.0

Jurisdiction: District of Columbia

Governing Statute: D.C. Code § 19-1310.13

Last Updated: 2026-07-05