CERTIFICATION OF TRUST

Pursuant to Texas Property Code Section 114.086

// GUIDANCE: Texas Property Code § 114.086 allows any trustee to sign the certification.
// Unlike California, Texas does NOT require all trustees to sign. However, best practice
// is to have all trustees sign if possible, particularly for real property transactions
// where the certification may need to be recorded.

STATE OF TEXAS

COUNTY OF [________________________________]

I. TRUST EXISTENCE AND IDENTIFICATION

The undersigned, being a currently acting Trustee of the trust described herein, hereby certifies pursuant to Texas Property Code Section 114.086 the following:

1. Trust Existence:

A trust exists under the name: [________________________________] (the "Trust").

2. Date of Execution:

The Trust instrument was executed on [__/__/____].

// GUIDANCE: Texas Property Code § 114.086(a)(1) requires a statement that the trust
// exists and the date the trust instrument was executed.

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. Governing Law:

The Trust is governed by the laws of the State of Texas and the Texas Trust Code (Texas Property Code, Title 9, Subtitle B).

II. SETTLOR IDENTIFICATION

// GUIDANCE: Texas Property Code § 114.086(a)(2) requires identification of the settlor.
// Texas uses the term "settlor" rather than "trustor" or "grantor" in the Trust Code.

5. Identity of Settlor(s):

The Settlor(s) of the Trust is/are:

6. Settlor Status:

☐ Settlor is living and competent.

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

☐ Co-Settlor is living and competent.

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

III. TRUSTEE IDENTIFICATION AND MAILING ADDRESS

// GUIDANCE: Texas Property Code § 114.086(a)(3) specifically requires identification of
// the currently acting trustee AND mailing address. The mailing address requirement
// is a Texas-specific statutory requirement not found in all states.

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 (if applicable):

☐ Death of prior Trustee

☐ Resignation of prior Trustee

☐ Incapacity of prior Trustee

☐ Removal of prior Trustee by court order

☐ Removal of prior Trustee pursuant to trust terms

☐ Not applicable — original Trustee(s) currently serving

☐ Other: [________________________________]

IV. POWERS OF THE TRUSTEE

// GUIDANCE: Texas Property Code § 114.086(a)(4) requires inclusion of one or more powers
// of the trustee OR a statement that the trust powers include at least all the powers
// granted a trustee by Subchapter A, Chapter 113 of the Texas Property Code.
// This is a specific Texas statutory requirement.

10. Trustee Powers:

☐ The Trust instrument grants the Trustee(s) at least all of the powers granted to a trustee under Texas Property Code Chapter 113, Subchapter A (Sections 113.001 through 113.060), including but not limited to:

    (a) The power to collect, hold, and retain trust property (§ 113.008);

    (b) The power to sell trust property at public or private sale (§ 113.009);

    (c) The power to exchange or partition trust property (§ 113.010);

    (d) The power to manage and improve real property (§ 113.011);

    (e) The power to lease trust property (§ 113.012);

    (f) The power to grant options involving real property (§ 113.013);

    (g) The power to borrow money and encumber trust property (§ 113.016-113.017);

    (h) The power to invest and reinvest trust assets (§ 113.021);

    (i) The power to deposit funds in financial institutions (§ 113.022);

    (j) The power to acquire or dispose of an asset (§ 113.023);

    (k) The power to vote securities (§ 113.024);

    (l) The power to insure trust property (§ 113.025);

    (m) The power to employ agents and attorneys (§ 113.018); and

    (n) The power to execute contracts and other documents (§ 113.026).

☐ The Trust instrument grants the Trustee(s) the following specific powers relevant to the current transaction:

[________________________________]

[________________________________]

[________________________________]

V. REVOCABILITY OF THE TRUST

// GUIDANCE: Texas Property Code § 114.086(a)(5) requires disclosure of revocability or
// irrevocability and the identity of any person holding a power to revoke the trust.
// Note: Under Texas Property Code § 112.051, a settlor may revoke the trust unless
// the trust instrument provides otherwise. Texas law does NOT presume revocability
// in the same way California does — the trust instrument controls.

11. Revocability Status:

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

    Name(s): [________________________________]

    Relationship to Trust: [________________________________]

☐ The Trust is irrevocable and may not be revoked.

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

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

12. Amendment Authority:

☐ The Trust may be amended by the following person(s): [________________________________]

☐ The Trust may not be amended.

VI. AUTHORITY OF CO-TRUSTEES

// GUIDANCE: Texas Property Code § 114.086(a)(6) requires disclosure of whether all or
// less than all co-trustees must sign to exercise powers of the trustee.

13. Co-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 of the co-trustees is as follows: [________________________________]

VII. MANNER OF TAKING TITLE

// GUIDANCE: Texas Property Code § 114.086(a)(7) specifically requires the certification
// to include the manner in which title to trust property should be taken.
// This is a Texas-specific requirement and is critically important for real property
// and financial account transactions.

14. Title to Trust Property:

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

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

// GUIDANCE: Common Texas forms for taking title include:
// "[Trustee Name], Trustee of the [Trust Name] dated [Date]"
// or "[Trustee Name], as Trustee of the [Trust Name]"
// Confirm with the receiving institution their preferred format.

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. REPRESENTATIONS AND WARRANTIES

16. The undersigned Trustee(s) hereby represent and warrant that, pursuant to Texas Property Code Section 114.086:

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

(c) 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;

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

(e) This Certification of Trust complies with the requirements of Texas Property Code Section 114.086; and

(f) The undersigned understand(s) that any 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 herein are correct, pursuant to Texas Property Code Section 114.086(e).

X. INFORMATION NOT REQUIRED TO BE DISCLOSED

17. Pursuant to Texas Property Code Section 114.086(c), this Certification of Trust need not contain the dispositive terms of the Trust. The undersigned Trustee(s) specifically decline to disclose:

(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.

// GUIDANCE: Under Texas Property Code § 114.086(d), a recipient of this certification
// MAY require the trustee to furnish copies of excerpts from the trust instrument
// and later amendments that designate the trustee and confer the power to act in
// the pending transaction. Be prepared to provide those excerpts if requested.

XI. THIRD-PARTY RELIANCE AND PROTECTION

18. Pursuant to Texas Property Code Section 114.086:

(a) 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 herein;

(b) 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 herein are correct;

(c) A person making a demand for the full Trust instrument in addition to this Certification, where no reasonable basis for the demand exists, is liable for damages, including attorney's fees, incurred as a result of the refusal to accept this Certification.

XII. SUCCESSOR TRUSTEE PROVISIONS

19. Designated Successor Trustees:

// GUIDANCE: While not required by § 114.086, including successor trustee information
// is helpful for third parties, especially banks and title companies in Texas.

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

☐ Successor trustee information is not disclosed in this Certification.

XIII. EXECUTION

// GUIDANCE: Under Texas Property Code § 114.086(b), a certification of trust may be
// signed or otherwise authenticated by ANY trustee. Unlike California, Texas does NOT
// require all trustees to sign. However, for real property transactions that will be
// recorded, having the document notarized is strongly recommended.

IN WITNESS WHEREOF, the undersigned 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: [__/__/____]

// GUIDANCE: Add additional signature blocks as needed for additional trustees.

XIV. NOTARIAL ACKNOWLEDGMENT

// GUIDANCE: While Texas Property Code § 114.086 does not explicitly require notarization,
// it is strongly recommended, particularly for real property transactions. Texas
// acknowledgments must comply with Texas Civil Practice and Remedies Code § 121.001
// et seq. and Texas Government Code § 406.

STATE OF TEXAS

COUNTY OF [________________________________]

Before me, the undersigned notary public, on this [__/__/____], 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), 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 for the purposes and consideration therein expressed.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this [__/__/____].

Notary Public, State of Texas

Printed Name: _______________________________________________

My Commission Expires: [__/__/____]

(Notary Seal)

// GUIDANCE: If there are multiple trustees, each trustee may need a separate
// notarial acknowledgment, especially if they appear before different notaries.

XV. TEXAS-SPECIFIC NOTES AND REQUIREMENTS

// GUIDANCE: Review and customize these notes as applicable to the specific transaction.

Important Texas Legal Notes:

1. Statutory Authority. This Certification of Trust is authorized by Texas Property Code Section 114.086, which is part of the Texas Trust Code (Texas Property Code, Title 9, Subtitle B).

2. Single Trustee Signature Sufficient. Under Texas Property Code Section 114.086(b), a certification of trust may be signed by any one trustee, even when there are multiple co-trustees. This is a significant distinction from states that require all trustees to sign.

3. Manner of Taking Title. Texas Property Code Section 114.086(a)(7) specifically requires that the certification include the manner in which title to trust property should be taken. This is a Texas-specific statutory requirement.

4. Third-Party Reliance Protections. Under Texas Property Code Section 114.086(e) and (f), third parties who rely on this Certification in good faith are protected. A person without knowledge that the representations are incorrect may assume without inquiry the existence of the facts stated herein.

5. Recipient's Right to Excerpts. Under Texas Property Code Section 114.086(d), a recipient of this Certification may require the trustee to furnish copies of excerpts from the trust instrument and later amendments that designate the trustee and confer the power to act in the pending transaction.

6. Demand for Full Trust. Under Texas Property Code Section 114.086(g), if a person makes a demand for the complete trust instrument after receiving a valid certification of trust, and there is no reasonable basis for the demand, the person may be liable for damages including attorney's fees.

7. Real Property Recording. For transactions involving real property in Texas, this Certification of Trust should be recorded in the real property records of the county where the property is situated to provide constructive notice.

8. Homestead Considerations. Texas has strong homestead protections under Article XVI, Section 50 of the Texas Constitution. If trust property includes the Settlor's homestead, additional considerations and documentation may be required.

9. Community Property. Texas is a community property state. If the Trust holds or will hold community property, both spouses may need to consent to certain transactions.

This Certification of Trust is made pursuant to, and in compliance with, Texas Property Code Section 114.086. This document is not a complete copy of the Trust instrument and does not contain the dispositive provisions thereof.

[END OF CERTIFICATION OF TRUST]