Certification of Trust - Wisconsin
CERTIFICATION OF TRUST
(Pursuant to Wisconsin Statutes § 701.1013)
TABLE OF CONTENTS
- Purpose and Statutory Authority
- Trust Existence and Identification
- Settlor Identification
- Trustee Identification and Address
- Trustee Powers
- Revocability and Power to Revoke
- Co-Trustee Signature and Authentication Authority
- Manner of Taking Title to Trust Property
- Trust Amendments and Restatements
- Dispositive Terms Exclusion and Excerpts
- Mandatory Representations and Certifications
- Third-Party Reliance Protections
- Penalties for Bad Faith Demands
- Wisconsin-Specific Requirements and Notes
- Execution
- Notarization
1. PURPOSE AND STATUTORY AUTHORITY
This Certification of Trust (this "Certification") is made and furnished pursuant to Wisconsin Statutes § 701.1013, which is part of the Wisconsin Trust Code, Wis. Stat. § 701.0101 et seq. The undersigned Trustee furnishes this Certification to a person other than a beneficiary in lieu of furnishing a copy of the trust instrument, as authorized by law.
This Certification is intended to provide sufficient information for third parties to transact business with the Trustee(s) of the Trust without requiring access to the complete trust instrument. The Certification protects the privacy of the trust's dispositive provisions while establishing the trust's existence, the Trustee's authority, and other required statutory disclosures.
2. TRUST EXISTENCE AND IDENTIFICATION
The undersigned Trustee hereby certifies that the following trust currently exists and is in full force and effect:
Full Legal Name of Trust: [________________________________]
Date of Trust Instrument Execution: [__/__/____]
Type of Trust:
☐ Revocable Living Trust (Inter Vivos)
☐ Irrevocable Trust
☐ Testamentary Trust (created under the Will of [________________________________], admitted to probate in [________________________________] County, Wisconsin, Case No. [________________________________])
☐ Special Needs Trust (First Party — 42 U.S.C. § 1396p(d)(4)(A))
☐ Special Needs Trust (Third Party)
☐ Marital Trust / QTIP Trust
☐ Credit Shelter / Bypass Trust
☐ Charitable Remainder Trust
☐ Land Trust
☐ Other: [________________________________]
Trust Identification Number (EIN/TIN): [________________________________]
State of Situs: Wisconsin
County of Administration: [________________________________]
Governing Law: The Trust is governed by the laws of the State of Wisconsin, including the Wisconsin Trust Code, Wis. Stat. § 701.0101 et seq.
3. SETTLOR IDENTIFICATION
Settlor 1 (also known as Grantor or Trustor):
Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [__________]
Status: ☐ Living ☐ Deceased (Date of Death: [__/__/____])
Settlor 2 (if applicable):
Full Legal Name: [________________________________]
Date of Birth: [__/__/____]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [__________]
Status: ☐ Living ☐ Deceased (Date of Death: [__/__/____])
4. TRUSTEE IDENTIFICATION AND ADDRESS
The following individual(s) and/or entity(ies) are the currently acting Trustee(s) of the Trust:
Trustee 1:
Full Legal Name: [________________________________]
☐ Individual Trustee
☐ Corporate Trustee (State of Incorporation: [____])
☐ Trust Company (Licensed in Wisconsin: ☐ Yes ☐ No)
Mailing Address: [________________________________]
City: [________________________________] State: [____] Zip: [__________]
Telephone: [________________________________]
Date of Appointment: [__/__/____]
Basis of Appointment: ☐ Originally named in trust instrument ☐ Successor trustee under trust terms ☐ Appointed by court order (Case No.: [________________________________]) ☐ Appointed by trust protector ☐ Other: [________________________________]
Trustee 2 (if applicable):
Full Legal Name: [________________________________]
☐ Individual Trustee
☐ Corporate Trustee (State of Incorporation: [____])
☐ Trust Company (Licensed in Wisconsin: ☐ Yes ☐ No)
Mailing Address: [________________________________]
City: [________________________________] State: [____] Zip: [__________]
Telephone: [________________________________]
Date of Appointment: [__/__/____]
Basis of Appointment: ☐ Originally named in trust instrument ☐ Successor trustee under trust terms ☐ Appointed by court order ☐ Appointed by trust protector ☐ Other: [________________________________]
Trustee 3 (if applicable):
Full Legal Name: [________________________________]
Mailing Address: [________________________________]
City: [________________________________] State: [____] Zip: [__________]
Date of Appointment: [__/__/____]
5. TRUSTEE POWERS
The currently acting Trustee(s) have been granted the following powers under the trust instrument and applicable Wisconsin law, including but not limited to those powers enumerated in Wis. Stat. § 701.0816:
A. Real Estate Powers:
☐ To purchase, acquire, sell, convey, exchange, lease, and manage real property
☐ To execute deeds, mortgages, assignments, satisfactions, and other real estate instruments
☐ To improve, develop, subdivide, partition, raze, or alter real property
☐ To grant easements, restrictive covenants, and licenses
☐ To borrow against and encumber real property held in trust
☐ To manage and collect rents from rental property
☐ To comply with Wisconsin Marital Property Act provisions (Wis. Stat. Ch. 766)
B. Financial and Investment Powers:
☐ To open, maintain, and close accounts at banks, savings institutions, credit unions, and other financial entities
☐ To deposit and withdraw funds and negotiate financial instruments
☐ To invest and reinvest trust assets in any form of property or investment, subject to the investment rules applicable under Wis. Stat. § 701.0901
☐ To purchase, sell, and trade securities, bonds, mutual funds, exchange-traded funds, and other financial instruments
☐ To borrow money and pledge trust assets as collateral
☐ To hold assets in nominee or street name
☐ To participate in common trust funds and collective investment vehicles
C. Business Powers:
☐ To form, operate, manage, and dissolve business entities
☐ To hold and exercise rights as a shareholder, member, partner, or owner
☐ To enter into, modify, extend, and terminate contracts and agreements
☐ To employ and compensate agents, attorneys, accountants, financial advisors, and other professionals
D. Administrative and Tax Powers:
☐ To pay debts, taxes, assessments, and expenses of trust administration
☐ To distribute income and principal to or for the benefit of beneficiaries
☐ To file tax returns and make tax elections, including elections under Wisconsin income tax law
☐ To allocate receipts and disbursements between income and principal pursuant to Wis. Stat. § 701.1101 et seq. (Wisconsin Uniform Principal and Income Act)
☐ To exercise the power to adjust between income and principal under Wis. Stat. § 701.1104
☐ To exercise all statutory powers granted under Wis. Stat. § 701.0816
E. Litigation and Settlement Powers:
☐ To commence, prosecute, defend, and settle claims, lawsuits, and proceedings
☐ To compromise, arbitrate, and mediate disputes
☐ To submit claims to binding or non-binding dispute resolution
☐ To retain and authorize legal counsel
6. REVOCABILITY AND POWER TO REVOKE
A. Revocability Status:
☐ The Trust is REVOCABLE. For a trust created under an instrument executed on or after July 1, 2014, Wis. Stat. § 701.0602(1) supplies a rebuttable presumption of revocability unless the trust expressly provides otherwise. For an earlier instrument, confirm revocability from the instrument and applicable law.
☐ The Trust is IRREVOCABLE. The trust instrument expressly states the Trust is irrevocable.
☐ The Trust was revocable and has become irrevocable upon:
☐ Death of the Settlor on [__/__/____]
☐ Death of the surviving Settlor on [__/__/____]
☐ Relinquishment of power to revoke on [__/__/____]
☐ Occurrence of a specified event: [________________________________]
B. Person(s) Holding Power to Revoke:
☐ Not applicable — the Trust is irrevocable.
☐ The following person(s) hold the power to revoke the Trust:
Name: [________________________________]
Relationship: [________________________________]
Scope: ☐ Full power to revoke ☐ Partial power ☐ Power to amend only
Name: [________________________________]
Relationship: [________________________________]
Scope: ☐ Full power to revoke ☐ Partial power ☐ Power to amend only
7. CO-TRUSTEE SIGNATURE AND AUTHENTICATION AUTHORITY
☐ Not applicable — the Trust has only one currently acting Trustee.
☐ The Trust has multiple co-Trustees. The signature and authentication authority is as follows:
☐ ALL co-Trustees must sign or authenticate to exercise the powers of the Trustee.
☐ A MAJORITY of co-Trustees may sign or authenticate to exercise powers.
☐ ANY SINGLE co-Trustee may independently sign or authenticate.
☐ Specific provisions: [________________________________]
Deadlock Resolution:
☐ The trust instrument provides a deadlock resolution mechanism: [________________________________]
☐ The trust instrument relies on the default rule under Wis. Stat. § 701.0703.
☐ Not applicable — sole Trustee.
8. MANNER OF TAKING TITLE TO TRUST PROPERTY
Title to trust property should be taken in the following manner:
Full Title Designation:
[________________________________], as Trustee of the [________________________________], U/A dated [__/__/____]
Property Relevant to Current Transaction (if applicable):
☐ Real property located at: [________________________________]
County: [________________________________] State: Wisconsin
Legal Description: [________________________________]
Tax Parcel Number: [________________________________]
☐ Bank or financial account(s) at: [________________________________]
Account Number(s): [________________________________]
☐ Securities or investment account(s) at: [________________________________]
Account Number(s): [________________________________]
☐ Motor vehicle(s) (Title No.): [________________________________]
☐ Other property: [________________________________]
9. TRUST AMENDMENTS AND RESTATEMENTS
☐ The trust instrument has NOT been amended, modified, or restated since its original execution.
☐ The trust instrument has been amended and/or restated as follows:
| Date | Type | Brief Description |
|---|---|---|
| [__/__/____] | ☐ Amendment ☐ Restatement | [________________________________] |
| [__/__/____] | ☐ Amendment ☐ Restatement | [________________________________] |
| [__/__/____] | ☐ Amendment ☐ Restatement | [________________________________] |
10. DISPOSITIVE TERMS EXCLUSION AND EXCERPTS
A. Exclusion of Dispositive Terms:
Pursuant to Wis. Stat. § 701.1013, this Certification does not contain the dispositive terms of the Trust. The Trustee is not required to disclose the provisions of the trust instrument that govern the distribution of the trust estate.
B. Excerpts:
☐ No excerpts from the trust instrument are attached to this Certification.
☐ The following excerpts from the trust instrument are attached, as permitted by Wis. Stat. § 701.1013(5):
☐ Provisions designating the Trustee
☐ Provisions conferring on the Trustee power to act in the pending transaction: [________________________________]
11. MANDATORY REPRESENTATIONS AND CERTIFICATIONS
The undersigned Trustee, pursuant to Wis. Stat. § 701.1013, hereby represents, certifies, and declares as follows:
A. The Trust identified in this Certification currently exists and is validly established under the laws of the State of Wisconsin.
B. The trust instrument was executed on the date stated in Section 2 of this Certification.
C. The undersigned is a duly appointed, qualified, and currently acting Trustee of the Trust, authorized to sign or otherwise authenticate this Certification pursuant to Wis. Stat. § 701.1013.
D. 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.
E. The identity of the Settlor as stated in Section 3 is true and correct.
F. The identity and address of the currently acting Trustee(s) as stated in Section 4 are true and correct.
G. The powers of the Trustee(s) as stated in Section 5 accurately reflect the powers granted under the trust instrument and applicable Wisconsin law.
H. The revocability status and identity of persons holding a power to revoke, as stated in Section 6, are true and correct.
I. The manner in which title to trust property may be taken, as stated in Section 8, is accurate and authorized under the trust instrument.
J. All information provided in this Certification is true, correct, and complete to the best of the Trustee's knowledge.
12. THIRD-PARTY RELIANCE PROTECTIONS
Pursuant to Wis. Stat. § 701.1013:
A. 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.
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 were correct.
C. Knowledge of the terms of the Trust 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 this Certification.
D. Separately, under Wis. Stat. § 701.1012(2), a person other than a beneficiary who deals in good faith with a trustee need not inquire into the extent of the Trustee's powers or the propriety of their exercise. Section 701.1013(6) addresses reliance on the facts contained in this Certification.
13. PENALTIES FOR BAD FAITH DEMANDS
Pursuant to Wis. Stat. § 701.1013, any person who demands copies of the trust instrument or excerpts from the trust instrument, other than those excerpts described in Wis. Stat. § 701.1013(5), in addition to this Certification of Trust, is liable for costs, expenses, reasonable attorney fees, and damages if a court determines that the person did not act in good faith in demanding such copies.
14. WISCONSIN-SPECIFIC REQUIREMENTS AND NOTES
A. Wisconsin Trust Code: Wisconsin adopted a comprehensive Trust Code effective July 1, 2014, codified at Wis. Stat. § 701.0101 et seq. Section 701.1205 governs its application to trusts existing on July 1, 2014, and to later trusts, subject to that section's stated exceptions and transition rules.
B. Any Trustee May Sign: Under Wis. Stat. § 701.1013, a certification of trust "may be signed or otherwise authenticated by any trustee." This is more permissive than states like Missouri (which requires all trustees to sign) and Tennessee (which requires trustees with signatory authority to sign).
C. Marital Property Considerations: Wisconsin is a marital property (community property) state under Wis. Stat. Ch. 766. Trust property may be affected by marital property classifications. Third parties dealing with trust real property should be aware of potential spousal interest issues under the Wisconsin Marital Property Act.
D. Revocability Presumption: Wis. Stat. § 701.0602(1) creates a rebuttable presumption of revocability for trusts created under instruments executed on or after July 1, 2014. It does not apply to instruments executed before that date.
E. Real Property Conveyances: For Wisconsin real property transactions, conveyances must comply with Wis. Stat. Ch. 706. Authentication (notarization) is required for recording under Wis. Stat. § 706.06. A Real Estate Transfer Return (RETR) may be required under Wis. Stat. § 77.22.
F. Investment Management: Wis. Stat. § 701.0901 applies ch. 881 to trust investment management, except as provided in subch. IX of ch. 701. Investment powers referenced in this Certification remain subject to applicable trust terms and law.
G. Excerpt Request Rights: Under Wis. Stat. § 701.1013(5), a recipient may require excerpts from the original trust instrument and later amendments that designate the Trustee and confer power to act in the pending transaction.
H. Transfer on Death Instruments: Wisconsin has a transfer on death deed statute (Wis. Stat. § 705.15). If trust property includes or interacts with transfer-on-death designations, coordinate with the certification appropriately.
15. EXECUTION
IN WITNESS WHEREOF, the undersigned, being a duly appointed and currently acting Trustee of the Trust identified herein, does hereby execute this Certification of Trust as of the date set forth below, pursuant to Wis. Stat. § 701.1013.
Date of Execution: [__/__/____]
TRUSTEE SIGNATURE(S):
Trustee 1:
Signature: ________________________________________
Printed Name: [________________________________]
Date: [__/__/____]
Trustee 2 (if applicable — not required by statute but may sign):
Signature: ________________________________________
Printed Name: [________________________________]
Date: [__/__/____]
Trustee 3 (if applicable):
Signature: ________________________________________
Printed Name: [________________________________]
Date: [__/__/____]
16. NOTARIZATION
STATE OF WISCONSIN
COUNTY OF [________________________________]
Personally came before me this [______] day of [________________], [________], the above-named [________________________________], to me known to be the person(s) who executed the foregoing instrument and acknowledged the same.
Signature of Notary Public: ________________________________________
Printed Name of Notary: [________________________________]
State of Wisconsin
My Commission: ☐ Is permanent ☐ Expires: [__/__/____]
[NOTARY SEAL/STAMP]
ATTACHMENTS
☐ No attachments are included with this Certification.
☐ The following attachments are included:
☐ Excerpt(s) from the trust instrument designating the Trustee and conferring power to act in the pending transaction (per § 701.1013(5))
☐ Copy of the Trust's EIN assignment letter
☐ Exhibit A — Legal Description of Real Property
☐ Copy of Trustee identification
☐ Other: [________________________________]
This Certification of Trust is made pursuant to Wisconsin Statutes § 701.1013 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: [__________]
State Bar of Wisconsin Number (if applicable): [________________________________]
Return Document To:
Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: [____] Zip: [__________]
About this template
- Last updated
- October 29, 2026
- Jurisdiction
- Wisconsin
- Category
- Estate Planning & Wills
Legal authority
- Wis. Stat. § 701.1013 (Certification of Trust)
- Wis. Stat. § 701.1012(2) (Good-faith dealings with trustee; no duty to inquire into powers or their exercise)
- Wis. Stat. § 701.1001 et seq. (Liability of Trustees and Rights of Persons Dealing with Trustee)
- Wis. Stat. § 701.0101 et seq. (Wisconsin Trust Code)
- Wis. Stat. § 140.01 et seq. (Notaries Public and Commissioner of Deeds)
- Wis. Stat. § 706.06 (Authentication of Conveyances)
Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
The statutes this template relies on are listed under Legal authority.
Wis. Stat. § 701.1012(2) (checked October 29, 2026): "not required to inquire into the extent of the trustee’s powers or the propriety of their exercise."
Wis. Stat. § 701.1205(1) (checked October 28, 2026): "chapter is applicable to a trust existing on July 1, 2014 ..."
Wis. Stat. § 701.0602(1) (checked October 26, 2026): "Unless the terms of a trust expressly provide that the trust is irrevocable, there is a rebuttable presumption that the settlor may revoke or amend the trust. This subsection does not apply to a trust created under an instrument executed before July 1, 2014."
Wis. Stat. § 701.0901 (checked October 26, 2026): "Except as provided in this subchapter, the investment management of the property of a trust is governed by ch. 881."
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