CERTIFICATE OF TRUST

State of Minnesota

Pursuant to Minnesota Statutes Section 501C.1013

// GUIDANCE: Minnesota uses the term "Certificate of Trust" rather than "Certification of Trust." The statute at Minn. Stat. Section 501C.1013 has unique requirements including a mandatory oath before a notary. This is not merely a recommended practice — it is required by the statute. Minnesota also has a companion reliance statute at Section 501C.1014 that provides protections for third parties.

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:

// GUIDANCE: Minn. Stat. Section 501C.1013, subd. 1, uniquely provides that the certificate may be executed by either "the settlor or a trustee." Most UTC states limit execution authority to the trustee.

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

// GUIDANCE: For real property transactions, Minn. Stat. Section 501C.1013, subd. 2, requires that the certificate "identify the name of each settlor." This is mandatory, not optional, when the certificate is used for real property purposes.

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(1), 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:

// GUIDANCE: The statute requires "the name and address of each trustee empowered to act under the trust instrument at the time of execution." This means ALL currently acting trustees must be listed, not just the executing trustee.

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: [________]

// GUIDANCE: For real property transactions, Minn. Stat. Section 501C.1013, subd. 2, additionally requires identification of "the name of each original trustee." If the original trustees differ from the currently acting trustees, list them in Section 8 below.

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

// GUIDANCE: This section is required by Minn. Stat. Section 501C.1013, subd. 2, when the certificate is used for real property transactions and the original trustees are different from the 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: [________________________________]

// GUIDANCE: Under Minn. Stat. Section 501C.0602, the settlor may revoke or amend a revocable trust. Minnesota follows the UTC approach.

☐ 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

// GUIDANCE: Minn. Stat. Section 501C.1013, subd. 1(2), provides two alternatives for stating the trustee's powers. If the certificate will be used for real property transactions, the statute requires specific language. Choose the applicable option below.

OPTION A — BROAD REAL PROPERTY AUTHORITY (Minn. Stat. Section 501C.1013, subd. 1(2)(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:

[________________________________]

[________________________________]

[________________________________]

// GUIDANCE: This is the specific statutory language from Minn. Stat. Section 501C.1013, subd. 1(2)(i). It should be used verbatim or substantially verbatim. If there are no limitations, indicate "No limitations" or "None."

OPTION B — SPECIFIC POWERS (Minn. Stat. Section 501C.1013, subd. 1(2)(ii)):

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

Purpose: [________________________________]

Powers: [________________________________]

[________________________________]

// GUIDANCE: Option B is used when the certificate is not for general real property authority but for specific, identified purposes. Most real property transactions will use Option A.

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:

// GUIDANCE: Minn. Stat. Section 501C.0816 enumerates specific default trustee powers. Review the trust instrument and check only those powers that are granted.

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: [________________________________]

// GUIDANCE: Under Minn. Stat. Section 501C.0704, a vacancy in a trusteeship of a noncharitable trust may be filled by a person designated in the trust instrument, by unanimous agreement of the qualified beneficiaries, or by the court.

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): [________________________________]

// GUIDANCE: Minnesota has two land registration systems: the traditional recording system and the Torrens system (registered land). If the property is Torrens property, include the Torrens certificate number and ensure the certificate of trust is filed with the Registrar of Titles, not the County Recorder.

☐ 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.

// GUIDANCE: This representation is required by Minn. Stat. Section 501C.1013, subd. 1. It is a statutory requirement and must be included. The representation is made under oath, which adds perjury liability.

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. Section 501C.1014:

1. Good Faith Reliance. A person who acts in good faith and in reliance upon a certificate of trust that complies with Section 501C.1013 is fully protected in dealing with the trustee and is not required to inquire into the terms of the trust or ascertain the disposition of trust property.

2. No Duty to Inquire. A person receiving this Certificate of Trust is not required to see to the application of any trust property paid or delivered to a trustee.

3. Limitation. The protections of Minn. Stat. Section 501C.1014 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.

// GUIDANCE: Minnesota's reliance statute (Section 501C.1014) is a companion provision to Section 501C.1013 and provides robust protections for third parties who rely on a properly executed certificate of trust.

SECTION 14: EXECUTION UNDER OATH

// GUIDANCE: Minn. Stat. Section 501C.1013, subd. 1, REQUIRES the signature to be "under oath before a notary public or other official authorized to administer oaths." This is a mandatory requirement, not optional. Unlike many other UTC states that permit simple signature or authentication, Minnesota requires a sworn statement.

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)

// GUIDANCE: The notarization below constitutes the oath required by Minn. Stat. Section 501C.1013, subd. 1. The statute mandates the signature be "under oath before a notary public or other official authorized to administer oaths." This is more than a standard acknowledgment — it is a jurat (sworn statement), which carries perjury implications.

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

// GUIDANCE: The following notes address unique aspects of Minnesota trust law and the certificate of trust.

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 Reliance Statute. Minnesota has a separate reliance statute at Minn. Stat. Section 501C.1014 that provides detailed protections for third parties. This is more robust than the reliance provisions in some other UTC jurisdictions.

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: [________________________________]