Utah Certification of Trust

CERTIFICATION OF TRUST

(Pursuant to Utah Code § 75-7-1013)

STATE OF UTAH

COUNTY OF [________________________________]

// GUIDANCE: Utah adopted the Uniform Trust Code as Chapter 7 of Title 75 (Utah Uniform
// Probate Code). The certification of trust statute closely follows the Uniform Trust
// Code model. Counsel should ensure all required elements under § 75-7-1013(a) are
// completed.

ARTICLE I — TRUST IDENTIFICATION

The undersigned Trustee(s), pursuant to Utah Code § 75-7-1013, hereby certify the following facts in lieu of furnishing a copy of the trust instrument:

1.1 Trust Existence:
A trust exists under the name: [________________________________]

1.2 Date of Trust Execution:
The trust instrument was executed on: [__/__/____]

// GUIDANCE: Per Utah Code § 75-7-1013(a)(1), the certification must state that the
// trust exists and provide the date the trust instrument was executed. If the trust
// has been restated, include the most recent restatement date as well.

1.3 Date of Any Restatement(s) or Amendment(s):
☐ The trust has not been restated or amended.
☐ The trust was restated on: [__/__/____]
☐ The trust was amended on the following date(s): [________________________________]

1.4 Trust Situs:
The trust is administered in: [________________________________], Utah

1.5 Trust Tax Identification Number:
[________________________________]

ARTICLE II — SETTLOR IDENTIFICATION

// GUIDANCE: Utah Code § 75-7-1013(a)(2) requires disclosure of the identity of the
// settlor. Utah uses the term "settlor" as defined in Utah Code § 75-7-103(17).

2.1 Identity of Settlor(s):

2.2 Settlor Status:

☐ Settlor is currently living
☐ Settlor is deceased (Date of Death: [__/__/____])
☐ Joint Settlors — both currently living
☐ Joint Settlors — one or more deceased

ARTICLE III — TRUSTEE IDENTIFICATION AND POWERS

3.1 Identity and Address of Currently Acting Trustee(s):

// GUIDANCE: Utah Code § 75-7-1013(a)(3) requires the identity and address of the
// currently acting trustee(s).

3.2 Trustee Type:

☐ Individual Trustee
☐ Corporate/Institutional Trustee
☐ Co-Trustees
☐ Other: [________________________________]

3.3 Powers of the Trustee:

// GUIDANCE: Utah Code § 75-7-1013(a)(4) requires disclosure of the powers of the
// trustee. Note that this section should identify the specific powers relevant to
// the pending transaction. Utah Code § 75-7-816 enumerates specific trustee powers.

The Trustee(s) possess(es), under the trust instrument and applicable provisions of Utah law (including, without limitation, Utah Code § 75-7-816), the following powers relevant to the pending transaction:

☐ Power to collect, hold, and retain trust property
☐ Power to sell, convey, exchange, or otherwise dispose of real property
☐ Power to sell, convey, exchange, or otherwise dispose of personal property
☐ Power to manage, develop, improve, exchange, partition, or change the character of trust property
☐ Power to acquire, lease, or dispose of real or personal property
☐ Power to borrow funds and to encumber or hypothecate trust property
☐ Power to open, maintain, and close bank, brokerage, and financial accounts
☐ Power to invest and reinvest trust property
☐ Power to make distributions to beneficiaries
☐ Power to enter into contracts and execute instruments
☐ Power to employ agents, attorneys, accountants, and other professionals
☐ Power to prosecute or defend claims, actions, or proceedings
☐ Power to exercise options, rights, and privileges
☐ Power to deal with digital assets
☐ Other powers: [________________________________]

3.4 Co-Trustee Authority:

// GUIDANCE: Utah Code § 75-7-1013(a)(6) requires disclosure of the authority of
// co-trustees to sign or otherwise authenticate and whether all or less than all
// are required in order to exercise powers of the trustee.

☐ All Co-Trustees must act unanimously to exercise powers
☐ A majority of Co-Trustees may exercise powers
☐ Any single Co-Trustee may act independently
☐ Not applicable — there is only one Trustee currently serving
☐ Other arrangement: [________________________________]

3.5 Limitations on Trustee Authority:

☐ There are no limitations on the Trustee's authority beyond those imposed by law
☐ The following limitations exist: [________________________________]
☐ Court-imposed limitations: [________________________________]

ARTICLE IV — TRUST PROPERTY PROVISIONS

4.1 Name in Which Title to Trust Property May Be Taken:

// GUIDANCE: Utah Code § 75-7-1013(a)(7) requires the certification to include the
// name in which title to trust property may be taken.

Title to trust property may be taken in the following name(s):
[________________________________]

4.2 Categories of Trust Property:

The trust holds or is authorized to hold:

☐ Real property located in Utah
☐ Real property located outside Utah
☐ Bank and financial accounts
☐ Securities and investment accounts
☐ Business interests
☐ Life insurance policies or proceeds
☐ Retirement account proceeds
☐ Personal property (tangible and intangible)
☐ Other: [________________________________]

4.3 Real Property Description (if applicable):

// GUIDANCE: When the certification is used in connection with real property, include
// the full legal description. Record this certification with the county recorder
// of the county in which the property is located.

[________________________________]
[________________________________]
[________________________________]
[________________________________]

ARTICLE V — REVOCABILITY STATUS

5.1 Revocability of Trust:

// GUIDANCE: Utah Code § 75-7-1013(a)(5) requires disclosure of the revocability or
// irrevocability of the trust and the identity of any person holding a power to revoke.
// Under Utah Code § 75-7-602, a settlor may revoke or amend a revocable trust unless
// the terms of the trust expressly provide that it is irrevocable.

☐ The trust is REVOCABLE.
Person(s) holding the power to revoke:
[________________________________]
[________________________________]

☐ The trust is IRREVOCABLE.
No person holds the power to revoke the trust.

5.2 Amendment Authority:

☐ The trust may be amended by: [________________________________]
☐ The trust may not be amended
☐ The trust may be amended only with the consent of: [________________________________]

5.3 Current Status:

The undersigned hereby certify, pursuant to Utah Code § 75-7-1013(c), 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.

ARTICLE VI — SUCCESSOR TRUSTEE INFORMATION

6.1 Designated Successor Trustee(s):

The trust instrument provides for the following successor Trustee(s):

First Successor Trustee:
Name: [________________________________]
Address: [________________________________]

Second Successor Trustee:
Name: [________________________________]
Address: [________________________________]

6.2 Manner of Succession:

☐ Succession is automatic upon death, resignation, incapacity, or removal of current Trustee
☐ Successor must be appointed by: [________________________________]
☐ Court appointment required
☐ Other: [________________________________]

ARTICLE VII — UTAH STATUTORY DISCLOSURES

7.1 Dispositive Terms Not Disclosed:

Pursuant to Utah Code § 75-7-1013(d), a certification of trust need not contain the dispositive terms of a trust. The dispositive provisions of the trust instrument are NOT set forth in this Certification.

7.2 Reliance on Certification:

Pursuant to Utah Code § 75-7-1013(f), a person who acts in reliance upon a certification of trust without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification.

7.3 Recipient's Right to Request Excerpts:

Pursuant to Utah Code § 75-7-1013(e), a recipient of a certification of trust 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.

7.4 Damages for Bad-Faith Demand:

Pursuant to Utah Code § 75-7-1013(g), a person making 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 person did not act in good faith in demanding the trust instrument.

7.5 Judicial Proceedings:

Pursuant to Utah Code § 75-7-1013(h), this section does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust.

7.6 Knowledge Not Inferred:

Pursuant to Utah Code § 75-7-1013(i), knowledge of the terms of the trust instrument may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying upon the certification.

ARTICLE VIII — ADDITIONAL CERTIFICATIONS

The undersigned Trustee(s) further certify:

8.1. All facts stated in this Certification of Trust are true and correct to the best of the undersigned's knowledge and belief.

8.2. The Trustee(s) identified herein is/are duly appointed and currently serving in such capacity under the terms of the trust instrument.

8.3. The trust is currently in existence and has not been terminated.

8.4. ☐ The trust is supervised by a court. Court: [________________________________]
☐ The trust is NOT supervised by any court.

8.5. ☐ All necessary court approvals have been obtained for the pending transaction.
☐ No court approval is required for the pending transaction.

8.6. The undersigned Trustee(s) have the authority to execute this Certification and to act in the pending transaction on behalf of the trust.

ARTICLE IX — EXECUTION AND AUTHENTICATION

// GUIDANCE: Utah Code § 75-7-1013(b) provides that a certification of trust may be
// signed or otherwise authenticated by any trustee. Utah does not expressly require
// notarization by statute; however, notarization is strongly recommended and may be
// required by the entity requesting the certification, particularly for real property
// transactions. Many title companies and financial institutions in Utah will require
// notarized execution.

IN WITNESS WHEREOF, the undersigned Trustee(s) have executed this Certification of Trust on this [____] day of [________________________________], 20[____].

TRUSTEE SIGNATURE(S):

Signature: ___________________________________________
Printed Name: [________________________________]
Title/Capacity: Trustee
Date: [__/__/____]

Signature: ___________________________________________
Printed Name: [________________________________]
Title/Capacity: Trustee
Date: [__/__/____]

NOTARIZATION

// GUIDANCE: While Utah Code § 75-7-1013 requires only that the certification be
// "signed or otherwise authenticated" by any trustee, notarization is strongly
// recommended and is effectively required for real property transactions to ensure
// recordability with the county recorder.

STATE OF UTAH
COUNTY OF [________________________________]

On this [____] day of [________________________________], 20[____], before me, the undersigned Notary Public, personally appeared:

[________________________________]
[________________________________]

personally 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.

WITNESS my hand and official seal.

Signature of Notary: ___________________________________________
Printed Name of Notary: [________________________________]
My Commission Expires: [__/__/____]
Commission Number: [________________________________]

[NOTARY SEAL]

UTAH STATE-SPECIFIC NOTES

1. Utah Uniform Trust Code: Utah's trust code is codified at Utah Code Title 75, Chapter 7, as part of the Utah Uniform Probate Code. The certification of trust provisions closely follow the Uniform Trust Code model (UTC § 1013).

2. Authentication Standard: Utah Code § 75-7-1013(b) requires only that the certification be "signed or otherwise authenticated by any trustee." This is a flexible standard, but for real property transactions, notarization is practically required for recording.

3. No Dispositive Terms Required: The statute expressly provides that the certification need not contain the dispositive terms of the trust, protecting the privacy of beneficiary designations and distribution provisions.

4. Third-Party Protections: Utah law provides strong protection for persons who rely in good faith on a certification of trust. Under § 75-7-1013(f), such persons are not liable and may assume without inquiry the existence of facts stated in the certification.

5. Bad-Faith Demand Liability: Utah is notable for imposing liability on persons who demand the full trust instrument in bad faith beyond what is provided in the certification or excerpts. This provides meaningful trust privacy protection.

6. Renumbering Note: Utah Code Title 75 was renumbered effective May 7, 2025. Practitioners should verify current section numbers as former § 75-7-1013 may have been renumbered within the updated code structure.

7. Trust Registration: Utah does not require trust registration with any court or agency for administration purposes; however, trusts may be subject to court jurisdiction under Utah Code § 75-7-203.

8. Recording: For real property transactions, record this certification with the county recorder's office in the county where the property is located, in compliance with Utah recording statutes.

This Certification of Trust is prepared in accordance with Utah Code § 75-7-1013. It does not contain the dispositive provisions of the trust instrument. This document is not a substitute for legal advice.