Certification of Trust in California
A certification of trust proves your trust exists without handing over the whole document. California requires it to be notarized.
A certification of trust is a short document that proves your trust exists without showing anyone the whole thing. California law requires it to be notarized. Every currently acting trustee has to sign, and each trustee signature is charged separately. It costs $10 for each document notarized.
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The problem it solvesLink to this section
You walk into a bank to retitle an account into your living trust. The banker asks to see the trust. Your trust is 60 pages and names every beneficiary, every dollar amount and every condition you attached.
You do not want a bank teller reading that. You also cannot refuse, because the bank has to confirm the trust exists and that you have authority to act.
A certification of trust is the answer. It is a short document — usually one or two pages — that confirms the facts an institution needs and leaves out everything it does not.
What goes in itLink to this section
Probate Code § 18100.5 lists what a certification may state:
- That the trust exists, and the date it was signed
- Who the settlor is, and who the currently acting trustee is
- The powers of the trustee
- Whether the trust is revocable or irrevocable, and who can revoke it
- If there are multiple trustees, whose signatures are needed
- The trust's taxpayer identification number
- How title to trust assets should be taken
- A legal description of any real property held in the trust
It must also state that the trust has not been revoked or amended in a way that would make the certification wrong, and that all currently acting trustees have signed it.
It does not name your beneficiaries or say who gets what.
Why it must be notarizedLink to this section
The statute requires it directly. § 18100.5 says the certification "shall be in the form of an acknowledged declaration signed by all currently acting trustees."
"Acknowledged" means notarized. This is not a preference of the bank — it is what the statute calls for.
The notary processLink to this section
- Every currently acting trustee must sign. If the trust has co-trustees, all of them. They can sign at separate appointments, each with its own acknowledgment certificate.
- ID check under Civil Code § 1185. The name on the ID must match the name signing as trustee.
- Journal entry under Government Code § 8206. No thumbprint is required unless the certification is itself being recorded as a document affecting real property.
- Acknowledgment certificate under Civil Code § 1189, completed and sealed.
The notary does not check whether the facts in the certification are accurate. The Civil Code § 1189 certificate says so on its face: it verifies identity, "not the truthfulness, accuracy, or validity of that document."
When you will need oneLink to this section
- Opening or retitling a bank or brokerage account in the trust's name
- A refinance or sale of trust property, where the title company needs it
- A successor trustee taking over after a death or incapacity
- Any institution that says "we need to see the trust"
Title companies commonly publish their own preferred format. Old Republic Title's certification form is one example of what these look like in practice.
Frequently asked questionsLink to this section
Does a certification of trust have to be notarized in California? Yes. Probate Code § 18100.5 requires an "acknowledged declaration," which means notarized.
Can I give the bank a certification instead of the full trust? That is what it is for. § 18100.5 is designed to let a trustee present the certification in place of the whole trust instrument. Some institutions still ask for more, particularly for real estate transactions.
Do all the trustees have to sign? Yes. The statute requires all currently acting trustees to sign.
Can the notary write my certification of trust for me? No. Drafting it is the practice of law. The Notary Public Handbook requires the notary to decline. Your attorney or the title company's form is the source.
How long is it good for? The statute does not set an expiration date. In practice, institutions often want one signed recently — within the last six to twelve months — because it confirms the trust has not been amended since. Ask the institution before you pay for a notarization.
I am the successor trustee and my mother just died. Can I sign a certification? Once you are the currently acting trustee, yes. Institutions will normally also want a certified copy of the death certificate and possibly a recorded affidavit of death of trustee. Whether you are properly serving as trustee is a legal question for an attorney.
How much does it cost? $15 per signature under Government Code § 8211. Two co-trustees signing one certification is one document with two signers, so it is one $10 fee. A third co-trustee adds $5. The cap rises to $20 on January 1, 2027 under AB 1597. This service charges $10 for each document notarized. Pricing.
RelatedLink to this section
- Notarizing a living trust
- Trust transfer deeds and funding a trust
- Wills, trusts, powers of attorney and directives
- What to bring to your appointment
General information about notary procedure. A notary public cannot prepare a certification of trust or advise on trustee powers. Talk to a California attorney.