CERTIFICATION OF TRUST
(Pursuant to Tennessee Code Annotated § 35-15-1013)
TABLE OF CONTENTS
- Purpose and Statutory Authority
- Trust Identification
- Settlor Identification
- Trustee Identification
- Successor Trustee Identification
- Trust Existence and Revocability
- Trustee Powers
- Co-Trustee Signature Authority
- Trust Property Provisions
- Trust Amendments and Modifications
- Trust Representations and Certifications
- Reliance by Third Parties
- Tennessee-Specific Statutory Notes
- Execution and Notarization
1. PURPOSE AND STATUTORY AUTHORITY
// GUIDANCE: Tennessee requires certification of trust to be signed by the trustee(s) having signatory authority and attested by a notary public. This is a stricter execution requirement than many UTC states.
This Certification of Trust (this "Certification") is made and executed pursuant to Tennessee Code Annotated § 35-15-1013, as part of the Tennessee Uniform Trust Code (T.C.A. § 35-15-101 et seq.). The purpose of this Certification is to evidence the existence and validity of the trust identified herein without disclosing the dispositive provisions of the trust instrument. Pursuant to T.C.A. § 35-15-1013, a trustee may present this Certification in lieu of the complete trust instrument to any person or entity requesting proof of the trust's existence, terms, or the trustee's authority to act.
This Certification is intended to provide sufficient information for third parties to conduct business and engage in transactions with the undersigned Trustee(s) on behalf of the trust, in accordance with Tennessee law.
2. TRUST IDENTIFICATION
// GUIDANCE: Tennessee law requires an affirmation of the current existence of the trust and the date on which the trust came into existence. Provide the exact name and original execution date.
Name of Trust: [________________________________]
Date Trust Was Originally Established: [__/__/____]
Type of Trust:
☐ Revocable Living Trust
☐ Irrevocable Trust
☐ Testamentary Trust
☐ Special Needs Trust
☐ Charitable Trust
☐ Other: [________________________________]
Trust Identification Number (TIN/EIN): [________________________________]
// GUIDANCE: If the trust uses the Settlor's Social Security Number as the TIN (common for revocable trusts), consider whether disclosing that number is appropriate in context. For revocable trusts, the SSN is typically used; for irrevocable trusts, a separate EIN is required.
State of Trust Situs: Tennessee
Governing Law: The laws of the State of Tennessee, including the Tennessee Uniform Trust Code, T.C.A. § 35-15-101 et seq.
3. SETTLOR IDENTIFICATION
// GUIDANCE: T.C.A. § 35-15-1013 requires disclosure of the identity of the settlor or settlors.
Settlor(s) of the Trust:
Settlor 1:
Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Current Address: [________________________________]
City: [________________________________] State: [____] Zip: [__________]
Settlor 2 (if applicable):
Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Current Address: [________________________________]
City: [________________________________] State: [____] Zip: [__________]
☐ The trust has only one (1) Settlor.
☐ The trust has two (2) or more Settlors as identified above.
4. TRUSTEE IDENTIFICATION
// GUIDANCE: T.C.A. § 35-15-1013 requires identification of the currently acting trustee or trustees. Include all currently serving trustees.
The following individual(s) or entity(ies) are the currently acting Trustee(s) of the Trust:
Trustee 1:
Full Legal Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [__________]
Date Appointed as Trustee: [__/__/____]
Trustee 2 (if applicable):
Full Legal Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [__________]
Date Appointed as Trustee: [__/__/____]
Trustee 3 (if applicable):
Full Legal Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [__________]
Date Appointed as Trustee: [__/__/____]
☐ The Trust currently has one (1) Trustee.
☐ The Trust currently has two (2) or more co-Trustees.
☐ The currently acting Trustee is the original Trustee named in the trust instrument.
☐ The currently acting Trustee is a successor Trustee.
5. SUCCESSOR TRUSTEE IDENTIFICATION
// GUIDANCE: T.C.A. § 35-15-1013 specifically requires identification of the named successor trustee(s) OR a statement that no successor is named. This is a Tennessee-specific requirement not found in all UTC states.
☐ The Trust designates the following successor Trustee(s):
First Successor Trustee:
Full Legal Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [__________]
Second Successor Trustee (if applicable):
Full Legal Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [__________]
☐ The Trust does not designate any successor Trustee.
☐ The Trust provides a mechanism for the appointment of successor Trustees as follows: [________________________________]
6. TRUST EXISTENCE AND REVOCABILITY
// GUIDANCE: T.C.A. § 35-15-1013 requires disclosure of the revocability or irrevocability of the trust and the identity of any person holding a power to revoke.
The undersigned Trustee(s) hereby affirm and certify the following:
A. Current Existence:
The Trust identified in Section 2 above currently exists and is in full force and effect. The Trust was established on the date set forth in Section 2 and has not been terminated, revoked, or otherwise rendered invalid.
B. Revocability:
☐ The Trust is REVOCABLE. The following person(s) hold the power to revoke the Trust:
Name: [________________________________]
Relationship to Trust: [________________________________]
Name: [________________________________]
Relationship to Trust: [________________________________]
☐ The Trust is IRREVOCABLE and cannot be revoked by any party.
☐ The Trust was originally revocable but has become irrevocable due to:
☐ Death of the Settlor(s) on [__/__/____]
☐ Express action of the Settlor(s) on [__/__/____]
☐ Passage of time or occurrence of a specified event
☐ Other: [________________________________]
7. TRUSTEE POWERS
// GUIDANCE: T.C.A. § 35-15-1013 requires disclosure of the administrative or managerial powers of the trustee, or both. List the powers relevant to the transaction at hand. You may attach excerpts of the trust instrument showing trustee powers.
The Trustee(s) identified herein have been granted the following administrative and managerial powers under the terms of the Trust, which include but are not limited to:
A. Real Property Powers:
☐ To acquire, hold, manage, improve, and sell real property
☐ To execute deeds, mortgages, leases, and other instruments affecting real property
☐ To grant easements, create subdivisions, and submit property to condominiums
☐ To borrow money and encumber trust real property as security
B. Financial and Investment Powers:
☐ To open, maintain, and close bank accounts in the name of the Trust
☐ To invest and reinvest trust assets in any form of property or investment
☐ To buy, sell, and trade securities, stocks, bonds, and mutual funds
☐ To make deposits and withdrawals from financial institutions
☐ To borrow money and pledge trust assets as collateral
C. Business Powers:
☐ To form, operate, and dissolve business entities
☐ To enter into contracts and agreements on behalf of the Trust
☐ To hire agents, attorneys, accountants, and other professionals
☐ To compromise, settle, or abandon claims
D. General Administrative Powers:
☐ To collect, hold, and administer trust property
☐ To pay debts, taxes, and expenses of the Trust
☐ To distribute trust income and principal to beneficiaries
☐ To execute and deliver all instruments necessary to carry out trust purposes
☐ To exercise all powers granted under T.C.A. § 35-15-815 (General Powers of Trustee)
// GUIDANCE: Consider attaching the specific sections of the trust instrument that detail trustee powers, particularly if the transaction requires specific authority. T.C.A. § 35-15-1013 permits attachment of excerpts.
8. CO-TRUSTEE SIGNATURE AUTHORITY
// GUIDANCE: T.C.A. § 35-15-1013 specifically requires disclosure of whether all or less than all of the current trustees are required to sign when there are multiple trustees or successor trustees.
☐ This section is not applicable; the Trust has only one (1) currently acting Trustee.
☐ The Trust has multiple co-Trustees. The signature authority is as follows:
☐ ALL co-Trustees must sign or consent to exercise the powers of the Trustee.
☐ A MAJORITY of co-Trustees may exercise the powers of the Trustee.
☐ ANY ONE co-Trustee may independently exercise the powers of the Trustee.
☐ The following specific co-Trustee(s) must sign: [________________________________]
☐ Other signature requirements: [________________________________]
9. TRUST PROPERTY PROVISIONS
// GUIDANCE: The certification need not contain the dispositive provisions of the trust. However, it may be helpful to describe how title to trust property should be taken, especially for real property transactions.
Manner of Holding Title:
Title to trust property should be taken in the following name and manner:
[________________________________], Trustee (or Co-Trustees) of the [________________________________], dated [__/__/____]
// GUIDANCE: Common formats include: "John Smith, Trustee of the Smith Family Trust, dated January 1, 2020" or "John Smith and Jane Smith, Co-Trustees of the Smith Family Revocable Trust, U/A dated January 1, 2020."
Trust Property Relevant to Current Transaction:
☐ Real property located at: [________________________________]
County: [________________________________] State: Tennessee
Legal Description: [________________________________]
☐ Financial accounts at: [________________________________]
Account Number(s): [________________________________]
☐ Other property: [________________________________]
10. TRUST AMENDMENTS AND MODIFICATIONS
The Trust has been amended or restated as follows:
☐ The Trust has NOT been amended, restated, or modified since its original execution.
☐ The Trust has been amended on the following date(s):
Amendment 1: [__/__/____] — Brief Description: [________________________________]
Amendment 2: [__/__/____] — Brief Description: [________________________________]
Amendment 3: [__/__/____] — Brief Description: [________________________________]
☐ The Trust has been completely restated on: [__/__/____]
// GUIDANCE: If the trust has been amended, ensure the amendments do not affect the representations made in this Certification. T.C.A. § 35-15-1013 requires that the Certification state the trust has not been modified in a manner that would make the Certification incorrect.
11. TRUST REPRESENTATIONS AND CERTIFICATIONS
// GUIDANCE: This section contains the mandatory representations required by T.C.A. § 35-15-1013. These representations are critical and should not be modified without legal counsel review.
The undersigned Trustee(s), under penalty of perjury and pursuant to T.C.A. § 35-15-1013, do hereby represent, certify, and affirm as follows:
A. The Trust identified herein currently exists and is valid and enforceable under the laws of the State of Tennessee.
B. The Trust was established on the date set forth in Section 2 of this Certification and has been in continuous existence since that date.
C. The undersigned is/are the duly appointed, qualified, and currently acting Trustee(s) of the Trust, with full authority to act on behalf of the Trust.
D. The Trust has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification to be incorrect.
E. There are no pending proceedings or actions that would affect the validity of the Trust or the authority of the Trustee(s).
F. The information provided in this Certification is true, accurate, and complete to the best of the Trustee's knowledge and belief.
G. The Trustee(s) identified herein have the authority and power to engage in the transaction for which this Certification is being presented.
H. This Certification is being furnished pursuant to T.C.A. § 35-15-1013 in lieu of providing a copy of the complete trust instrument.
12. RELIANCE BY THIRD PARTIES
// GUIDANCE: T.C.A. § 35-15-1013 provides that a recipient of a certification of trust may rely on the statements made within as factual without additional inquiry.
Pursuant to Tennessee Code Annotated § 35-15-1013, any person or entity who receives this Certification of Trust may rely upon the representations and statements contained herein as being true and correct. A person who acts in reliance upon this Certification, 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.
A person who in good faith enters into a transaction in reliance upon this Certification may enforce the transaction against the trust property as if the representations contained in this Certification were correct.
Any person making a demand for the complete trust instrument in addition to this Certification of Trust may be subject to liability under T.C.A. § 35-15-1013 if a court determines that such person did not act in good faith in making the demand.
13. TENNESSEE-SPECIFIC STATUTORY NOTES
// GUIDANCE: The following notes highlight Tennessee-specific requirements and considerations that distinguish this Certification from those used in other states.
A. Notarization Requirement: Tennessee law (T.C.A. § 35-15-1013) requires that this Certification be signed by the Trustee(s) having signatory authority AND attested by a notary public. This notarization requirement is mandatory and distinguishes Tennessee from some other Uniform Trust Code states.
B. Successor Trustee Disclosure: Tennessee specifically requires identification of named successor trustees or a statement that no successor is named. This requirement exceeds the standard UTC provision.
C. Dispositive Terms Exclusion: Pursuant to T.C.A. § 35-15-1013, this Certification is not required to contain the dispositive provisions of the Trust that set forth the distribution of the trust estate. Third parties may not demand such provisions as a condition of transacting with the Trust.
D. Trust Excerpt Attachment: A Trustee may, but is not required to, attach excerpts from the trust instrument to this Certification to provide additional detail regarding specific trustee powers or other relevant provisions.
E. Recording: If this Certification relates to a real property transaction, it may be recorded in the Register of Deeds office for the county in which the property is situated.
F. Tennessee Uniform Trust Code: The Trust referenced herein is governed by the Tennessee Uniform Trust Code, T.C.A. § 35-15-101 et seq., which became effective on July 1, 2004. All references to statutory provisions herein are to the Tennessee Code Annotated as currently in effect.
14. EXECUTION AND NOTARIZATION
// GUIDANCE: Tennessee requires both the trustee's signature and notarization. Ensure all currently acting trustees with signatory authority execute this Certification.
IN WITNESS WHEREOF, the undersigned Trustee(s), being the duly appointed and currently acting Trustee(s) of the Trust identified herein, do hereby execute this Certification of Trust as of the date set forth below, pursuant to Tennessee Code Annotated § 35-15-1013.
Date of Execution: [__/__/____]
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: [__/__/____]
NOTARIZATION
// GUIDANCE: Tennessee requires notarization per T.C.A. § 35-15-1013. Use the standard Tennessee notarial acknowledgment form.
STATE OF TENNESSEE
COUNTY OF [________________________________]
Before me, the undersigned Notary Public, on this [______] day of [________________], [________], personally appeared [________________________________], known to me (or 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) as Trustee(s) of the Trust identified herein, and that by his/her/their signature(s) on the instrument, the person(s) executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public: ________________________________________
Printed Name of Notary: [________________________________]
My Commission Expires: [__/__/____]
[NOTARY SEAL]
ATTACHMENTS
☐ No attachments are included with this Certification.
☐ The following attachments are included:
☐ Excerpt(s) from the trust instrument regarding Trustee powers (Article/Section: [________________________________])
☐ Copy of the Trust's EIN assignment letter
☐ Copy of Trustee identification
☐ Other: [________________________________]
This Certification of Trust is made pursuant to Tennessee Code Annotated § 35-15-1013 and is intended to be relied upon by third parties in connection with transactions involving the Trust. This Certification does not contain the dispositive provisions of the Trust.
PREPARED BY:
Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [__________]
Tennessee Bar Number (if applicable): [________________________________]
About This Template
Jurisdiction-Specific
This template is drafted specifically for Tennessee, incorporating applicable state statutes, local court rules, and jurisdiction-specific compliance requirements.
How It's Made
Drafted using current statutory databases and legal standards for estate planning wills. Each template includes proper legal citations, defined terms, and standard protective clauses.
Important Notice
This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Last updated: April 2026