Certificate of Trust — California Non-UTC
State-specific requirements for a Certificate of Trust in California.Create yours now →
Certificate of Trust · At a glance
California · summary of the record on file
Cal. Prob. Code § 18100.5Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: Required. Certification must be in the form of an 'acknowledged declaration' signed by all currently acting trustees.
- Witnesses: Not statutorily required for certification of trust.
- Recording: May be recorded with county recorder where real property is located. Not required for transfers but permitted.
- Source URL: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=18100.5
- Last verified: 2026-09-17
- Legal review: Not performed
Statutory Citation
Cal. Prob. Code § 18100.5
How a Certificate of Trust works in California
Certification Requirements
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When a trustee presents a certification of trust to a California bank or title company, the institution checks the certificate against the requirements of Cal. Prob. Code § 18100.5: that it identifies the trust and its execution date, the settlor or settlors, the currently acting trustees and their powers, whether the trust is revocable and who holds the power to revoke, how multiple trustees sign, the trust's identification number, and how title is taken. For transactions involving real property, the certificate must also include a legal description of the trust-held property. The statute's purpose is to let institutions rely on the certificate without receiving the entire trust instrument, which keeps the dispositive and distribution terms private. If the certificate is incomplete, the institution may require the trustee to furnish excerpts from the original trust instrument and later amendments that designate the trustee and confer the power to act in the pending transaction, or both.
Common mistakes that get certificates rejected
A certification that omits the statement that the trust has not been revoked or modified in a manner making the certificate's representations incorrect falls short of § 18100.5's required contents. So does one that leaves out the revocability statement and the identity of the person holding the power to revoke , 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 fewer than all currently acting trustees, also fails the statute, which requires the signature of every currently acting trustee. In each case the institution may require the full trust instrument, and an unnecessary demand made without cause can expose the institution to damages and attorney's fees under § 18100.5(h).
What makes California different
California has not adopted the Uniform Trust Code and remains the largest U.S. trust jurisdiction without it, so certification of trust is governed by Cal. Prob. Code § 18100.5 within the state's independent trust framework, Probate Code Division 9 (§§ 15000-19530). California treats a trust as a property relationship rather than a legal entity, and common law business trusts operate in the state without separate statutory status. No single statutory form is prescribed; the statute instead defines the required contents and requires an acknowledged declaration signed by all currently acting trustees. Recording the certificate with the county recorder where real property is located is permitted but not mandatory for transfers. Institutional practice in California is shaped by the statute's two-sided design: institutions may rely on certificates in good faith, while a person who asks for the complete trust documents without cause may be liable for damages and attorney's fees under § 18100.5(h).
Frequently asked questions
Does California require a certification of trust to be notarized?
Yes. Under Cal. Prob. Code § 18100.5, a certification of trust must take the form of an acknowledged declaration , a statement signed by all currently acting trustees and acknowledged before a notary. No witnesses are required by statute. Recording with the county recorder where real property is located is permitted but not required for a transfer. The signature and acknowledgment requirements sit alongside the statute's other required contents, such as the statement that the trust has not been revoked or modified in a manner making the certificate's representations incorrect.
What must a California certification of trust contain?
Cal. Prob. Code § 18100.5 lists the required contents: existence of the trust and its execution date, identity of the settlor or settlors, identity and powers of the currently acting trustees, whether the trust is revocable or irrevocable and who holds the power to revoke, signing authority when there are multiple trustees, the trust's identification number, the manner of taking title to trust assets, and a legal description of any trust-held real property.
Can a bank or title company demand the entire trust after I present a certificate?
Under Cal. Prob. Code § 18100.5, a person who asks for the complete trust documents in addition to a valid certificate, without cause, may be liable for damages and attorney's fees under the statute's anti-bad-faith provision. A request tied to a genuine need, however, is not restricted by that provision. The statute's reliance rules protect third parties who accept a conforming certificate in good faith; where required contents are incomplete, the institution may ask for the full instrument.
Is a certification of trust the same thing as a trust agreement?
No. The certification is a short, signed declaration summarizing the information Cal. Prob. Code § 18100.5 requires, while the trust agreement is the full instrument containing the dispositive and distribution terms. The statute expressly provides that a certificate need not contain distribution terms, and it may include excerpts designating the trustee and succession documents. A certificate omitting any required content , execution date, settlors, acting trustees and powers, revocability, signing authority, identification number, manner of taking title, or a legal description of trust real property , does not conform.
Execution Requirements
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Business Trust Treatment
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Favorable Trust Laws
Anti-bad-faith protections for trustees presenting certs (Prob. Code § 18100.5(h))Strong protections for third parties relying on certifications in good faithRobust trust administration framework under Probate Code Division 9 (§§ 15000–19530)
Unique Factors
Has NOT adopted the UTC; maintains independent comprehensive trust law under Probate Code Division 9Largest U.S. trust jurisdiction without UTC adoptionTrust is a property relationship, not a legal entity under state lawCertification may be recorded but recording is not mandatory for real property transfers