Minnesota Certificate of Trust

CERTIFICATE OF TRUST

State of Minnesota

Pursuant to Minnesota Statutes Section 501C.1013

SECTION 1: TRUST IDENTIFICATION

The undersigned, being the ☐ Settlor / ☐ Trustee of the trust identified below, does hereby execute this Certificate of Trust pursuant to Minnesota Statutes Section 501C.1013, setting forth fewer than all of the provisions of the trust instrument and any amendments thereto:

Trust Name: [________________________________]

Date of Trust Instrument Execution or Creation: [__/__/____]

Type of Trust:

☐ Revocable Living Trust
☐ Irrevocable Trust
☐ Testamentary Trust
☐ Charitable Trust
☐ Supplemental Needs Trust
☐ Other: [________________________________]

Trust Taxpayer Identification Number (EIN/TIN): [________________________________]

State of Governing Law: Minnesota

SECTION 2: SETTLOR IDENTIFICATION

Settlor 1:

Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]

Settlor 2 (if applicable):

Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]

Status of Settlor(s):

☐ All Settlor(s) are living.
☐ The following Settlor is deceased:
Name: [________________________________]
Date of Death: [__/__/____]

SECTION 3: TRUSTEE IDENTIFICATION

Pursuant to Minn. Stat. Section 501C.1013, subd. 1(3), the following person(s) are the currently acting Trustee(s) empowered to act under the trust instrument at the time of execution of this Certificate:

Trustee 1:

Full Legal Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]
Telephone: [________________________________]
Email: [________________________________]

☐ Individual Trustee
☐ Corporate/Institutional Trustee
Authorized Representative: [________________________________]
Title: [________________________________]

Trustee 2 (if applicable):

Full Legal Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]
Telephone: [________________________________]

☐ Individual Trustee
☐ Corporate/Institutional Trustee

Trustee 3 (if applicable):

Full Legal Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]

Number of Trustees Required to Act: [____]

Trust Termination / Revocation Status:

☐ The trust has not terminated, and the trust instrument has not been revoked.
☐ The trust has terminated.
☐ The trust instrument has been revoked.

SECTION 4: ORIGINAL TRUSTEES (If Different from Currently Acting Trustees)

☐ The currently acting Trustee(s) identified in Section 3 are the same as the original Trustee(s) named in the trust instrument.

☐ The original Trustee(s) named in the trust instrument were:

Original Trustee 1: [________________________________]
Original Trustee 2: [________________________________]
Original Trustee 3: [________________________________]

SECTION 5: REVOCABILITY STATUS

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

Name: [________________________________]
Relationship: [________________________________]

Name: [________________________________] (if applicable)
Relationship: [________________________________]

☐ The trust is IRREVOCABLE and may not be revoked or amended.

☐ The trust became irrevocable upon:

☐ Death of the Settlor on [__/__/____]
☐ Occurrence of specified event: [________________________________]
☐ Express terms of the trust instrument

SECTION 6: CO-TRUSTEE AUTHORITY

☐ There is only one currently acting Trustee. This section is not applicable.

☐ Multiple Trustees are currently acting:

☐ All Co-Trustees must act unanimously.
☐ Any single Co-Trustee may act independently.
☐ A majority of Co-Trustees may act.
☐ Other: [________________________________]

SECTION 7: POWERS OF THE TRUSTEE — STATUTORY LANGUAGE FOR REAL PROPERTY

OPTION A — BROAD REAL PROPERTY AUTHORITY (Minn. Stat. Section 501C.1013, subd. 1(4)(i)):

☐ The Trustees are authorized by the trust instrument to sell, convey, pledge, mortgage, lease, or transfer title to any interest in real or personal property, except as limited by the following:

☐ No limitations.
☐ The following limitations apply:

[________________________________]

[________________________________]

[________________________________]

OPTION B — SPECIFIC POWERS (Minn. Stat. Section 501C.1013, subd. 1(4)(ii)):

☐ The Trustees have the following powers relating to the purposes identified:

Purpose: [________________________________]

Powers: [________________________________]

[________________________________]

SECTION 8: ADDITIONAL POWERS OF THE TRUSTEE

In addition to the powers stated in Section 7, the Trustee(s) are authorized under the trust instrument and applicable provisions of Minnesota Statutes Chapter 501C to exercise the following powers:

Real Property Powers:

☐ Acquire, hold, and retain real property
☐ Sell, convey, exchange, or otherwise dispose of real property
☐ Execute deeds, contracts, and closing documents
☐ Mortgage, pledge, or encumber real property
☐ Lease real property for any term
☐ Manage, improve, maintain, and repair real property
☐ Subdivide, develop, or raze improvements
☐ Grant or acquire easements and rights-of-way
☐ Manage mineral, water, and timber rights

Financial and Investment Powers:

☐ Open, maintain, and close accounts at financial institutions
☐ Deposit and withdraw funds
☐ Invest and reinvest trust assets pursuant to the prudent investor rule (Minn. Stat. Section 501C.0901)
☐ Acquire, hold, sell, and dispose of securities
☐ Borrow money and execute promissory notes
☐ Make distributions to beneficiaries
☐ Collect income, rents, and proceeds
☐ Pay debts, taxes, and expenses of the trust

Administrative Powers:

☐ Employ attorneys, accountants, investment advisors, and agents
☐ Execute contracts and instruments on behalf of the trust
☐ Commence, prosecute, defend, or settle legal proceedings
☐ Vote proxies and exercise ownership rights
☐ Operate or participate in business entities
☐ Exercise tax elections and file returns
☐ Perform all acts necessary for trust administration

Specific Limitations Not Already Stated:

☐ No additional limitations.
☐ The following additional limitations apply:

[________________________________]

SECTION 9: SUCCESSOR TRUSTEE PROVISIONS

Designated Successor Trustee(s):

First Successor Trustee:
Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]

Second Successor Trustee:
Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [________]

Conditions for Succession:

☐ Death of the current Trustee
☐ Incapacity of the current Trustee as determined by [________________________________]
☐ Resignation of the current Trustee
☐ Removal of the current Trustee pursuant to the trust instrument or Minn. Stat. Section 501C.0706
☐ Other: [________________________________]

SECTION 10: TRUST PROPERTY PROVISIONS

Property for Which This Certificate Is Being Presented:

☐ Real property located at:
Street Address: [________________________________]
City: [________________________________]
County: [________________________________], Minnesota
Legal Description: [________________________________]
Property Identification Number (PID): [________________________________]
Torrens Certificate Number (if Torrens property): [________________________________]

☐ Financial account(s):
Institution: [________________________________]
Account Number(s): [________________________________]

☐ Other property: [________________________________]

SECTION 11: STATUTORY REPRESENTATION

Pursuant to Minn. Stat. Section 501C.1013, subd. 1, the undersigned makes the following representation:

The statements contained in this Certificate of Trust are true and correct. There are no other provisions in the trust instrument or amendments to it that limit:

(i) the powers of the Trustees to sell, convey, pledge, mortgage, lease, or transfer title to interests in real or personal property; or

(ii) the authority of the Trustees to exercise any other power identified in this Certificate of Trust;

except as expressly stated herein.

SECTION 12: AMENDMENT STATUS

☐ The trust instrument has not been amended since its original execution.

☐ The trust instrument has been amended. The date(s) of amendment(s) are:

First Amendment: [__/__/____]
Second Amendment: [__/__/____]
Third Amendment: [__/__/____]
Additional: [________________________________]

The trust has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certificate of Trust to be incorrect.

SECTION 13: RELIANCE AND THIRD-PARTY PROTECTIONS

Pursuant to Minn. Stat. Sections 501C.1012 and 501C.1013, subdivisions 4 and 6:

1. Good Faith Reliance. A person other than a beneficiary who, in good faith and for value, deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee's powers, is protected from liability as if the trustee had properly exercised the power, and is not required to inquire into the extent of the trustee's powers or the propriety of their exercise.

2. No Duty to Inquire. A person who in good faith delivers trust property to a trustee is not required to ensure its proper application.

3. Prima Facie Proof; Reliance on Certificate. When this Certificate of Trust is recorded, or, in the case of personal property, presented to a third party, it serves to document the existence of the trust, the identity of the trustees, and the powers of the trustees (and any limitations on those powers) as though the full trust instrument had been recorded or presented, and is prima facie proof as to the matters it contains. A third party may rely upon this Certificate of Trust as signed by any settlor or trustee, and the subsequent revocation or amendment of this Certificate shall not affect transactions entered into in reliance on it before actual notice of the amendment or revocation.

4. Limitation. The protections described above do not extend to a person who has actual knowledge that the trustee is exceeding the trustee's powers or acting in breach of trust.

SECTION 14: EXECUTION UNDER OATH

IN WITNESS WHEREOF, the undersigned, being the ☐ Settlor / ☐ Trustee of the above-identified trust, has executed this Certificate of Trust under oath as of the date set forth below.

Date of Execution: [__/__/____]

Declarant 1 (Settlor or Trustee):

Signature: ________________________________________

Printed Name: [________________________________]

Capacity: ☐ Settlor ☐ Trustee

Date: [__/__/____]

Declarant 2 (if applicable):

Signature: ________________________________________

Printed Name: [________________________________]

Capacity: ☐ Settlor ☐ Trustee

Date: [__/__/____]

SECTION 15: NOTARIZATION (OATH REQUIRED BY STATUTE)

STATE OF MINNESOTA

COUNTY OF [________________________________]

Subscribed and sworn to (or affirmed) before me on this [____] day of [________________], [______], by:

[________________________________]

and [________________________________] (if applicable),

who, being first duly sworn (or affirmed), depose(s) and say(s) that the statements contained in the foregoing Certificate of Trust are true and correct to the best of his/her/their knowledge and belief, and that there are no other provisions in the trust instrument or amendments thereto that limit the powers of the trustees as represented in this Certificate.

The above-named person(s) is/are personally known to me or produced [________________________________] as identification.

WITNESS my hand and official seal.

Notary Public Signature: ________________________________________

Printed Name: [________________________________]

Notary Public, State of Minnesota

My Commission Expires: [__/__/____]

[NOTARIAL SEAL]

SECTION 16: STATE-SPECIFIC NOTES FOR MINNESOTA

1. Minnesota Trust Code. Minnesota adopted its trust code as Chapter 501C, effective January 1, 2016. It is based on the Uniform Trust Code but contains Minnesota-specific modifications. The certificate of trust provisions are at Minn. Stat. Section 501C.1013.

2. "Certificate" vs. "Certification." Minnesota uses the term "Certificate of Trust" rather than "Certification of Trust." This is a terminology distinction, but practitioners should use the correct term when practicing in Minnesota.

3. Oath Requirement. Minnesota is distinctive in requiring the signature on the certificate of trust to be "under oath before a notary public or other official authorized to administer oaths" (Minn. Stat. Section 501C.1013, subd. 1). This means a jurat, not merely an acknowledgment. The distinction is significant: an acknowledgment certifies the signer's identity, while a jurat involves swearing to the truth of the statements.

4. Settlor May Execute. Unlike many UTC states, Minnesota allows the SETTLOR (not just a trustee) to execute the certificate of trust (Minn. Stat. Section 501C.1013, subd. 1). This is useful when the settlor and trustee are different persons and the settlor is more readily available.

5. Mandatory Statutory Language for Real Property. When used for real property transactions, Minn. Stat. Section 501C.1013, subd. 2, requires specific content including the names of all settlors and original trustees, and a statement regarding trustee authority in the specific form provided by statute.

6. Companion Protection Statute. Minnesota has a separate statute at Minn. Stat. Section 501C.1012 (Protection of Person Dealing with Trustee) that provides detailed protections for third parties, supplemented by the prima facie proof and reliance provisions at Minn. Stat. Section 501C.1013, subdivisions 4 and 6. (Note: Minn. Stat. Section 501C.1014 is titled "Affidavit of Trustee in Real Property Transactions" and provides sample affidavit forms — it is not a reliance statute.)

7. Torrens Property. Minnesota retains a Torrens (registered land) system alongside the traditional recording system. If trust property includes Torrens land, the certificate must be filed with the Registrar of Titles in the applicable county, not the County Recorder.

8. Minnesota Department of Commerce Form. The Minnesota Department of Commerce has published a standard Certificate of Trust form (Form 90.1.1) for individual trustees. This template may be used in addition to or in lieu of that form, depending on the complexity of the trust.

9. Hennepin County Requirements. Hennepin County (Minneapolis) has specific recording requirements for trust-related instruments. Practitioners should verify current county requirements before recording.

10. Real Property Transfer Tax. Minnesota imposes a deed tax on real property transfers (Minn. Stat. Section 287.21). Transfers to or from a trust may be subject to or exempt from the deed tax depending on the circumstances. Consult with counsel regarding tax implications.

11. No Registration Required. Minnesota does not require trusts to be registered with a court. The certificate of trust serves as the primary means of establishing trust existence for third-party transactions.

12. Perjury Liability. Because the certificate must be executed under oath, false statements may subject the declarant to criminal liability for perjury under Minnesota law (Minn. Stat. Section 609.48).

This Certificate of Trust is furnished pursuant to Minnesota Statutes Section 501C.1013. It is intended to provide evidence of the trust's existence and the Trustee's authority without disclosing the full provisions of the trust instrument. This document should be reviewed by a licensed Minnesota attorney before execution.

PREPARED BY:

Attorney Name: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Minnesota Attorney ID Number: [________________________________]
Telephone: [________________________________]
Email: [________________________________]