Certificate of Trust — Alabama UTC Adopted
State-specific requirements for a Certificate of Trust in Alabama.Create yours now →
Certificate of Trust · At a glance
Alabama · summary of the record on file
Ala. Code Title 19, Chapter 3B (Alabama Uniform Trust Code), including §19-3B-101 (Short Title), §19-3B-401 (Methods of Creating Trust), §19-3B-502 (Spendthrift Provision), §19-3B-505 (Creditor's Claim Against Settlor), §19-3B-601 (Capacity of Settlor of Revocable Trust), §19-3B-813 (Duty to Inform and Report), §19-3B-1013 (Certification of Trust). Related: Ala. Code Title 10A, Chapter 16 (Business Trusts).Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: Notarization is not strictly required under the UTC framework, though it is standard practice.
- Witnesses: Certification of trust under §19-3B-1013 may be signed or otherwise authenticated by any trustee; no notary, witness, or oath requirement is specified.
- Recording: Real property transferred to a trust must be recorded with the probate court in the county where the property is located.
- Source URL: https://alison.legislature.state.al.us/code-of-alabama?section=19-3B-1013
- Last verified: 2026-09-18
- Legal review: Not performed
Statutory Citation
Ala. Code Title 19, Chapter 3B (Alabama Uniform Trust Code), including §19-3B-101 (Short Title), §19-3B-401 (Methods of Creating Trust), §19-3B-502 (Spendthrift Provision), §19-3B-505 (Creditor's Claim Against Settlor), §19-3B-601 (Capacity of Settlor of Revocable Trust), §19-3B-813 (Duty to Inform and Report), §19-3B-1013 (Certification of Trust). Related: Ala. Code Title 10A, Chapter 16 (Business Trusts).
How a Certificate of Trust works in Alabama
Certification Requirements
Ala. Code §19-3B-1013. Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish a certification of trust containing: (1) That the trust exists and the date the trust instrument was executed; (2) The identity of the settlor; (3) The identity and address of the currently acting trustee; (4) The powers of the trustee; (5) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust; (6) The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required to exercise powers of the trustee; (7) The trust's taxpayer identification number; (8) The manner of taking title to trust property. (b) May be signed or otherwise authenticated by any trustee. (c) Must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations to be incorrect. (d) Need not contain the dispositive terms of a trust. (e) Recipient may require trustee to furnish copies of excerpts from the original trust instrument and amendments which designate the trustee and confer power to act in the pending transaction. (f)-(g) Person acting in reliance without knowledge of incorrectness is not liable and may enforce the transaction against trust property. (h) Person demanding the trust instrument in addition to certification is liable for damages if court determines they did not act in good faith. (i) Does not limit the right to obtain a copy of the trust instrument in a judicial proceeding. Section 19-3B-1013 imposes no oath or notary requirement.
When a trustee presents a certification of trust to a bank or title company in Alabama, the institution checks the certificate against Ala. Code ç19-3B-1013. The statute permits a trustee to furnish a certification instead of the full trust instrument, provided the certificate identifies the trust and its execution date, the settlor, the currently acting trustee and the trustee's address, the trustee's powers, whether the trust is revocable or irrevocable and the identity of any person holding a power to revoke, the authority of cotrustees to sign and whether all or fewer than all are required, the trust's taxpayer identification number, and the manner of taking title to trust property. The certificate must also state that the trust has not been revoked, modified, or amended in any manner that would make the representations incorrect. If the certificate is incomplete, the institution may require the trustee to furnish excerpts from the original trust instrument and amendments that designate the trustee and confer the power to act in the pending transaction.
Common mistakes that get certificates rejected
A certification that omits the statement that the trust has not been revoked, modified, or amended in any manner that would make the representations incorrect falls short of ç19-3B-1013's required contents. So does a certificate that leaves out the revocability statement and the identity of the person holding the power to revoke, because a title company handling a sale cannot confirm who must sign a deed without it. A certificate describing trustee powers that do not match the pending transaction, or signed by a trustee who is not currently acting, also fails the statute. Omitting the trustee's address is another common error. In each case the institution may require the full trust instrument, and an unnecessary request made without cause can expose the institution to damages under ç19-3B-1013(h).
What makes Alabama different
Alabama adopted the Uniform Trust Code as Ala. Code Title 19, Chapter 3B, providing a comprehensive trust framework. The certification of trust statute ç19-3B-1013 follows the UTC ç1013 model closely. Alabama also has a separate business trust statute under Ala. Code Title 10A, Chapter 16, which governs Massachusetts-style business trusts and provides a distinct framework for commercial trust structures. The UTC applies to express trusts and does not directly govern business trusts formed under Title 10A. Alabama's trust law is traditional and conservative, making it predictable but less competitive with top trust jurisdictions for complex planning. The state imposes state income tax on trust income and does not have a DAPT statute for self-settled asset protection trusts, and the state provides a robust framework for trust administration under its comprehensive trust code.
Frequently asked questions
Who signs a certificate of trust in Alabama?
Under Ala. Code ç19-3B-1013(b), a certification of trust may be signed or otherwise authenticated by any trustee. The statute does not require all trustees to sign, though the certificate must identify the currently acting trustee and state the trustee's powers. The certificate must also state that the trust has not been revoked, modified, or amended in a manner that would cause the representations to be incorrect.
What must an Alabama certificate of trust contain?
Ala. Code ç19-3B-1013 lists the required contents: a statement that the trust exists and the date the trust instrument was executed, the identity of the settlor, the identity and address of the currently acting trustee, the powers of the trustee, whether the trust is revocable or irrevocable and the identity of any person holding a power to revoke, the authority of cotrustees to sign and whether all or fewer than all are required, the trust's taxpayer identification number, and the manner of taking title to trust property.
Can a bank in Alabama require the full trust after receiving a certificate?
Under Ala. Code ç19-3B-1013(e), a recipient may require the trustee to furnish copies of excerpts from the original trust instrument and amendments that designate the trustee and confer power to act in the pending transaction. The statute's anti-bad-faith provision in subsection (h) provides that a person who requests the complete trust documents without cause may be liable for damages and attorney's fees.
Is a certificate of trust the same as a trust agreement in Alabama?
No. A certification of trust under Ala. Code ç19-3B-1013 is a short declaration summarizing the required contents, while the trust agreement is the full instrument containing the dispositive and distribution terms. The statute expressly provides that a certification need not contain the dispositive terms of a trust. A certificate that omits any required content does not conform to the statute.
Execution Requirements
Ala. Code §19-3B-401 requires trust creation by: (1) transfer of property to another person as trustee during the settlor's lifetime by means other than a will; (2) declaration by the owner of property that the owner holds identifiable property as trustee; or (3) exercise of a power of appointment in favor of a trustee. The trust instrument should be in writing and executed by the settlor. Notarization is not strictly required under the UTC framework, though it is standard practice. Real property transferred to a trust must be recorded with the probate court in the county where the property is located. Certification of trust under §19-3B-1013 may be signed or otherwise authenticated by any trustee; no notary, witness, or oath requirement is specified. Alabama has a limitation on contesting revocable trusts under §19-3B-604.
Business Trust Treatment
Alabama recognizes and regulates business trusts under Ala. Code Title 10A, Chapter 16 (Business Trusts). A business trust is defined as a form of business organization where property is conveyed to trustees to hold and manage for the benefit of beneficial owners. The Alabama business trust statute provides for: establishment for lawful purposes (§10A-16-1.02); powers and liabilities of trustees (§10A-16-1.03); certificates of ownership with limited liability for beneficial owners (§10A-16-1.04); contents and recordation of declarations of trust (§10A-16-1.05); duration not violating rules against perpetuities (§10A-16-1.06); and suits against the trust (§10A-16-1.07). Common law business trusts (Massachusetts trusts) are recognized under general common law principles, supplemented by the statutory framework. The Alabama Uniform Trust Code (Title 19, Chapter 3B) applies to express trusts and does not directly govern business trusts formed under Title 10A.
Favorable Trust Laws
Alabama adopted the UTC providing a comprehensive modern trust framework. The code includes the full suite of UTC modification tools: nonjudicial settlement agreements (§19-3B-111), modification for changed circumstances (§19-3B-412), modification by consent (§19-3B-411), reformation to correct mistakes (§19-3B-415), modification for tax objectives (§19-3B-416), and combination/division of trusts (§19-3B-417). Alabama has a limitation on contesting revocable trusts (§19-3B-604). The spendthrift provision (§19-3B-502) and exceptions (§19-3B-503) follow the UTC model. Alabama imposes state income tax on trust income. Alabama does not have a DAPT statute for self-settled asset protection trusts. The Rule Against Perpetuities applies unless the trust instrument provides otherwise; Alabama has not abolished it for dynasty trust purposes. Alabama does not have a state estate tax.
Unique Factors
Alabama's UTC adoption (Title 19, Chapter 3B) provides a straightforward, standard UTC framework without significant state-specific modifications or trust-friendly innovations like DAPT or dynasty trust provisions. Alabama has a separate, dedicated business trust statute (Title 10A, Chapter 16) that provides a clear framework for Massachusetts/business trusts, including recordation requirements. The limitation on contesting revocable trusts (§19-3B-604) provides some certainty for trust settlors. Alabama's trust law is traditional and conservative, making it predictable but less competitive with top trust jurisdictions for complex planning. The state's lack of state estate tax is favorable, but the lack of DAPT, dynasty trust, or directed trust innovations limits its appeal for sophisticated trust planning.