CERTIFICATION OF TRUST

State of Washington

Pursuant to RCW 11.98.075

// GUIDANCE: Under RCW 11.98.075(2), this certification may be signed by
// ANY trustee or by an ATTORNEY FOR THE TRUST. Washington is unique in
// allowing attorney execution.

THIS CERTIFICATION OF TRUST is made and executed as of [__/__/____] by the undersigned, pursuant to RCW 11.98.075 of the Revised Code of Washington.

SECTION 1 — PURPOSE AND STATUTORY AUTHORITY

This Certification of Trust is furnished pursuant to RCW 11.98.075 in lieu of providing a copy of the trust instrument to persons other than beneficiaries. Under this statute, instead of furnishing a copy of the trust instrument, the trustee may furnish a certification of trust containing the information specified herein. The recipient may rely upon the representations contained in this certification pursuant to RCW 11.98.075(6).

// GUIDANCE: RCW 11.98.075(4) provides that the certification need not
// contain the dispositive terms of the trust. Washington law is explicit
// that beneficiary information and distribution schedules are private.

SECTION 2 — TRUST IDENTIFICATION

2.1 Trust Existence and Date of Execution

Pursuant to RCW 11.98.075(1)(a), the undersigned hereby certifies that a trust exists under the following identification:

2.2 Amendments and Restatements

The trust instrument has been amended and/or restated as follows:

☐ The trust has NOT been amended or restated since its original execution date.

☐ The trust has been amended on the following date(s):
- First Amendment: [__/__/____]
- Second Amendment: [__/__/____]
- Third Amendment: [__/__/____]
- Additional Amendment(s): [________________________________]

☐ The trust was restated in its entirety on: [__/__/____]

// GUIDANCE: Washington law (RCW 11.103.020) allows a settlor of a
// revocable trust to amend or revoke the trust at any time. Ensure
// all amendments are disclosed.

SECTION 3 — IDENTITY OF THE TRUSTOR (SETTLOR)

Pursuant to RCW 11.98.075(1)(b), the Trustor(s)/Settlor(s) of the trust is/are:

// GUIDANCE: Washington practice commonly uses the term "Trustor" or
// "Grantor" rather than "Settlor." The statute uses "trustor."

Status of Trustor:

☐ The Trustor is living as of the date of this Certification.
☐ The Trustor is deceased. Date of death: [__/__/____]
☐ The Trustor has been adjudicated incapacitated.

Community Property Considerations:

☐ The trust holds community property of the Trustor and spouse.
☐ The trust holds separate property of the Trustor only.
☐ The trust holds both community and separate property.

// GUIDANCE: Washington is a community property state (RCW 26.16).
// Community property characterization affects the trustee's powers
// and the rights of the non-trustor spouse. Verify property
// characterization before completing this section.

SECTION 4 — IDENTITY AND ADDRESS OF CURRENTLY ACTING TRUSTEE(S)

Pursuant to RCW 11.98.075(1)(c), the currently acting Trustee(s) of the trust is/are:

Type of Trustee (check all that apply):

☐ Individual Trustee(s)
☐ Corporate Trustee — State of Organization: [________________________________]
☐ Successor Trustee(s) now serving due to the incapacity, death, resignation, or removal of the original Trustee

SECTION 5 — POWERS OF THE TRUSTEE

Pursuant to RCW 11.98.075(1)(d), the Trustee has the following powers relevant to the current transaction. The trust instrument grants the Trustee powers including but not limited to:

☐ Power to acquire, hold, manage, and dispose of trust property, including real and personal property (RCW 11.98.039)
☐ Power to open, maintain, and close bank accounts, brokerage accounts, and other financial accounts in the name of the trust
☐ Power to borrow money and encumber trust property, including the power to execute deeds of trust, mortgages, and promissory notes
☐ Power to buy, sell, exchange, lease, and convey real property held in the trust
☐ Power to collect, receive, and receipt for income, principal, and other amounts due the trust
☐ Power to execute contracts, deeds, and other instruments on behalf of the trust
☐ Power to invest and reinvest trust assets pursuant to the Washington Prudent Investor Act (RCW 11.100.010 et seq.)
☐ Power to compromise, settle, or abandon claims in favor of or against the trust
☐ Power to employ agents, attorneys, accountants, and other professionals
☐ Power to make distributions to or for the benefit of trust beneficiaries
☐ Power to deal with tax matters and file returns on behalf of the trust
☐ Power to manage, operate, or participate in business entities
☐ Power to exercise all rights with respect to insurance policies owned by or payable to the trust
☐ Power to deal with community property and quasi-community property
☐ Other powers: [________________________________]

// GUIDANCE: RCW 11.98.039 provides an extensive statutory list of
// trustee powers. The trust instrument may expand, limit, or modify
// these statutory powers. Check only powers relevant to the transaction.

SECTION 6 — REVOCABILITY OR IRREVOCABILITY OF THE TRUST

Pursuant to RCW 11.98.075(1)(e), the undersigned certifies:

☐ Revocable Trust — The trust is revocable. The person(s) holding the power to revoke the trust is/are:

☐ Irrevocable Trust — The trust is irrevocable and cannot be revoked by any person.

☐ Conditionally Irrevocable — The trust became irrevocable upon the occurrence of: [________________________________]

// GUIDANCE: Under RCW 11.103.020, unless the terms of the trust expressly
// provide that the trust is irrevocable, a settlor may revoke or amend
// a trust. Washington follows the Uniform Trust Code default on this point.

SECTION 7 — AUTHORITY OF CO-TRUSTEES

Pursuant to RCW 11.98.075(1)(f), the undersigned certifies the following regarding the authority of co-trustees to sign or otherwise authenticate:

☐ Not Applicable — There is only one currently acting Trustee.

☐ All Co-Trustees Must Act Jointly — All currently acting co-trustees must sign or otherwise authenticate documents and exercise powers jointly.

☐ Majority of Co-Trustees May Act — A majority of the co-trustees may exercise the powers of the trustee.

☐ Any Single Co-Trustee May Act — Any one co-trustee may independently sign, authenticate, and exercise powers.

☐ Other Arrangement — [________________________________]

// GUIDANCE: Washington's default co-trustee rule is found in
// RCW 11.98.016. Review the trust instrument for any modifications
// to the default rule.

SECTION 8 — NAME OR TITLING OF TRUST PROPERTY

Pursuant to RCW 11.98.075(1)(g), the name of the trust or the titling of trust property is:

Title Format: [________________________________]

Common Washington titling formats:
- "[Trustee Name], Trustee of the [Trust Name], dated [Date]"
- "The [Trust Name], U/A/D [Date]"
- "[Trustee Name], as Trustee under Trust Agreement dated [Date]"

// GUIDANCE: Washington county auditors may have specific requirements
// for how trust-held real property is titled on recorded instruments.
// Confirm with the relevant county auditor's office before recording.

SECTION 9 — SUCCESSOR TRUSTEE PROVISIONS

The trust instrument provides for the following succession of trusteeship:

9.1 First Successor Trustee:
| Item | Information |
|------|-------------|
| Name | [________________________________] |
| Address | [________________________________] |
| Relationship to Trustor | [________________________________] |

9.2 Second Successor Trustee:
| Item | Information |
|------|-------------|
| Name | [________________________________] |
| Address | [________________________________] |
| Relationship to Trustor | [________________________________] |

9.3 Mechanism for Appointing Additional Successors:

☐ The trust instrument grants the power to designate additional successor trustees to: [________________________________]
☐ The trust instrument does not provide for additional successor trustee designations beyond those listed above.
☐ The trust instrument provides for court appointment of a successor trustee.

SECTION 10 — TRUST PROPERTY PROVISIONS

// GUIDANCE: RCW 11.98.075(4) expressly provides that a certification
// of trust need not contain the dispositive terms of a trust.

10.1 This Certification of Trust does not disclose the dispositive terms of the trust, as permitted by RCW 11.98.075(4). The dispositive terms include provisions directing or authorizing distributions to beneficiaries.

10.2 The trust is authorized to hold the following categories of property (check all that apply):

☐ Real property located in the State of Washington
☐ Real property located in other states: [________________________________]
☐ Community property
☐ Separate property
☐ Bank and savings accounts
☐ Brokerage and investment accounts
☐ Life insurance policies
☐ Retirement account beneficiary designations
☐ Business interests (LLC, corporation, partnership)
☐ Motor vehicles and titled personal property
☐ Other: [________________________________]

SECTION 11 — REPRESENTATIONS AND WARRANTIES

Pursuant to RCW 11.98.075(3), the undersigned hereby represents and warrants as follows:

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

11.2 This Certification of Trust is a true and accurate summary of the trust provisions described herein.

11.3 The undersigned is a duly appointed, currently acting, and qualified Trustee of the trust (or authorized attorney for the trust).

11.4 The trust is valid and in full force and effect under the laws of the State of Washington.

11.5 No proceedings are pending in any Washington superior court or other court of competent jurisdiction that would affect the validity of the trust or the authority of the Trustee to act on behalf of the trust.

SECTION 12 — RELIANCE BY THIRD PARTIES

Pursuant to RCW 11.98.075(6), a person who acts in reliance upon this Certification of Trust 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 were correct.

SECTION 13 — REQUEST FOR ADDITIONAL EXCERPTS

Pursuant to RCW 11.98.075(5), a recipient of this Certification of Trust may request that the Trustee furnish copies of those excerpts from the original trust instrument and later amendments that designate the trustee and confer upon the trustee the power to act in the pending transaction. The undersigned acknowledges this right and will comply with any such reasonable request.

SECTION 14 — LIABILITY FOR REFUSAL TO ACCEPT CERTIFICATION

Pursuant to RCW 11.98.075(7), a person who in good faith refuses to accept this Certification of Trust without reasonable cause may be liable for damages, including reasonable attorney fees, incurred by the person required to sustain a refusal.

// GUIDANCE: This provision protects the trust and trustee from
// unreasonable refusals to accept the certification.

SECTION 15 — GOVERNING LAW

This Certification of Trust shall be governed by and construed in accordance with the laws of the State of Washington, including but not limited to RCW 11.98.075 and applicable provisions of RCW Title 11.

SECTION 16 — EXECUTION AND SIGNATURES

// GUIDANCE: Under RCW 11.98.075(2), this certification may be signed
// by ANY trustee or by an ATTORNEY FOR THE TRUST. Washington is unique
// in permitting attorney execution of the certification.
// While the statute does not expressly require notarization, it is
// strongly recommended as a matter of best practice.

IN WITNESS WHEREOF, the undersigned has executed this Certification of Trust on the date first written above.

Trustee:

Signature: ___________________________________________

Printed Name: [________________________________]

Title/Capacity: ☐ Trustee ☐ Attorney for the Trust

Date: [__/__/____]

Additional Trustee (if applicable):

Signature: ___________________________________________

Printed Name: [________________________________]

Title/Capacity: ☐ Trustee ☐ Attorney for the Trust

Date: [__/__/____]

NOTARIZATION

// GUIDANCE: Although RCW 11.98.075 does not expressly require
// notarization, it is strongly recommended. Most financial institutions
// and county auditors in Washington will require notarization before
// accepting or recording the certification.

State of Washington

County of [________________________________]

On this [____] day of [________________________________], [________], before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared:

[________________________________]

to me known to be the individual described in and who executed the foregoing Certification of Trust, and acknowledged that he/she signed the same as his/her free and voluntary act and deed, for the uses and purposes therein mentioned.

WITNESS my hand and official seal.

Signature of Notary Public: ___________________________________________

Printed Name of Notary: [________________________________]

Notary Public in and for the State of Washington

Residing at: [________________________________]

My Commission Expires: [__/__/____]

Notary Seal/Stamp:

[AFFIX NOTARY SEAL HERE]

WASHINGTON STATE-SPECIFIC NOTES

1. Statutory Framework: Washington did not adopt the full Uniform Trust Code. Trust law is found across multiple chapters of RCW Title 11, including Chapter 11.98 (Trusts), Chapter 11.100 (Investment of Trust Funds), Chapter 11.103 (Trust Act of 1984 — revocable trusts), and Chapter 11.104 (Uniform Principal and Income Act).

2. Attorney Execution: Washington is distinctive in that RCW 11.98.075(2) permits an attorney for the trust to sign the certification of trust. This is broader than most states, which limit execution to trustees.

3. No Statutory Notarization Requirement: RCW 11.98.075 does not expressly require notarization or signing under penalty of perjury. However, notarization is strongly recommended as a matter of best practice, and most institutions will require it.

4. Community Property State: Washington is a community property state (RCW 26.16). When trust property includes community property, both spouses may need to consent to the transfer of community property into the trust. Address community property characterization carefully.

5. Real Property Recording: For real property transactions, the certification should be recorded with the county auditor's office in the county where the property is located. Washington county auditors may have specific formatting requirements.

6. Presumption of Revocability: Under RCW 11.103.020, unless the trust instrument expressly provides otherwise, a trust is revocable by the settlor.

7. Real Estate Excise Tax: When transferring real property into or out of a trust in Washington, consider the applicability of the Real Estate Excise Tax (REET) under RCW 82.45. Certain trust transfers may be exempt.

8. Homestead Exemption: Washington's homestead exemption (RCW 6.13) may apply to real property held in trust. Confirm homestead protections are preserved.

SOURCES AND REFERENCES

• RCW 11.98.075 — Certification of Trust
• RCW Chapter 11.98 — Trusts
• Washington Certificate of Trust — Deeds.com
• Washington Trust Certification — Avvo Legal Answers

This template is intended for use by licensed attorneys in the State of Washington. It must be reviewed, customized, and approved by qualified legal counsel before execution. This document does not create an attorney-client relationship between any party and the template provider.