Certificate of Trust — District of Columbia UTC Adopted
State-specific requirements for a Certificate of Trust in District of Columbia.Create yours now →
Certificate of Trust · At a glance
District of Columbia · summary of the record on file
D.C. Code Title 19, Chapter 13 (Uniform Trust Code), including §19-1301.01 et seq. (General Provisions), §19-1304.01-19-1304.18 (Creation, Validity, Modification, Termination), §19-1305.01-19-1305.07 (Creditor's Claims; Spendthrift and Discretionary Trusts), §19-1308.13 (Duty to Inform and Report), §19-1310.13 (Certification of Trust), §19-1311.02 (Electronic Records and Signatures). Effective March 10, 2004 (D.C. Law 15-104).Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: The trust instrument does not require notarization or witnesses under the UTC framework, though notarization is standard practice.
- Witnesses: The trust instrument does not require notarization or witnesses under the UTC framework, though notarization is standard practice.
- Recording: Real property transferred to a trust must be recorded with the D.
- Source URL: https://code.dccouncil.gov/us/dc/council/code/sections/19-1310.13
- Last verified: 2026-09-17
- Legal review: Not performed
Statutory Citation
D.C. Code Title 19, Chapter 13 (Uniform Trust Code), including §19-1301.01 et seq. (General Provisions), §19-1304.01-19-1304.18 (Creation, Validity, Modification, Termination), §19-1305.01-19-1305.07 (Creditor's Claims; Spendthrift and Discretionary Trusts), §19-1308.13 (Duty to Inform and Report), §19-1310.13 (Certification of Trust), §19-1311.02 (Electronic Records and Signatures). Effective March 10, 2004 (D.C. Law 15-104).
How a Certificate of Trust works in District of Columbia
Certification Requirements
D.C. Code §19-1310.13. 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. This section is based upon §1013 of the Uniform Trust Code.
When a trustee presents a certification of trust in the District of Columbia, the recipient checks the certificate against D.C. Code Title 19 Chapter 13. The statute permits a trustee to furnish a certification instead of the full trust instrument, provided the certificate includes the form required by D.C. Code ÃÂç19-1310.13. The certificate must identify 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, and the manner of taking title to trust property. The certification must also state that the trust has not been revoked, modified, or amended in any manner that would make the representations incorrect.
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 ÃÂç19-1310.13'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 fewer than all cotrustees when the statute requires it, also fails the statute. Omitting the manner of taking title to trust property is another common error.
What makes District of Columbia different
The District of Columbia's certification of trust statute is set forth in D.C. Code Title 19 Chapter 13, with ÃÂç19-1310.13 providing the required form for a certification of trust. The D.C. Code trust provisions follow the UTC model closely. As a federal jurisdiction, the District of Columbia has unique characteristics including the absence of full congressional voting representation and a distinct legal framework. The D.C. Code trust provisions are administered by the D.C. Superior Court. The District of Columbia imposes state income tax on trust income and has a state estate tax. The D.C. Code does not currently authorize self-settled domestic asset protection trusts. The trust modification and decanting provisions are available under the UTC framework adopted by the D.C. Council.
Frequently asked questions
Who signs a certificate of trust in the District of Columbia?
Under D.C. Code Title 19 Chapter 13, a certification of trust may be signed or otherwise authenticated by any trustee. The statute does not require all cotrustees 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. The D.C. Code does not impose a notary or witness requirement on the certification itself beyond the form requirements of ÃÂç19-1310.13.
What must a District of Columbia certificate of trust contain?
D.C. Code ÃÂç19-1310.13 sets forth the required form for a certification of trust. The certificate must identify 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, and the manner of taking title to trust property.
Can a bank in the District of Columbia require the complete trust after receiving a certificate?
Under D.C. Code Title 19 Chapter 13, a recipient acting in good faith may require the trustee to furnish copies of excerpts from the trust instrument that designate the trustee and confer power to act in the pending transaction. The statute's reliance provisions protect persons who act in good faith on the basis of a conforming certificate The statute's reliance provisions protect persons who act in good faith on the basis of a conforming certificate and may enforce the transaction against trust property.
Is a certificate of trust the same as a trust agreement in the District of Columbia?
No. A certification of trust under D.C. Code ÃÂç19-1310.13 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
D.C. Code §19-1304.01 requires trust creation by a written instrument or other evidence. The trust instrument does not require notarization or witnesses under the UTC framework, though notarization is standard practice. Real property transferred to a trust must be recorded with the D.C. Recorder of Deeds. Certification of trust under §19-1310.13 may be signed or otherwise authenticated by any trustee; no notary or witness requirement is specified. Electronic records and signatures are permitted under §19-1311.02, conforming to the Electronic Signatures in Global and National Commerce Act. D.C. statutory trusts must file a certificate of trust (form DST-1) with the Department of Licensing and Consumer Protection.
Business Trust Treatment
The District of Columbia recognizes statutory trusts through its statutory trust filing framework. A domestic statutory trust is registered by delivering a certificate of trust (form DST-1) to the Superintendent for filing with the Department of Licensing and Consumer Protection. D.C. Code §19-1301.03 defines 'person' to include 'business trust,' indicating recognition of business trusts within the UTC framework. The D.C. UTC applies to express trusts, charitable or noncharitable, and trusts created pursuant to a statute, judgment, or decree. Common law business trusts are recognized under general principles. The D.C. statutory trust framework provides for a separate legal entity with limited liability for beneficial owners.
Favorable Trust Laws
D.C. adopted the UTC effective March 10, 2004, providing a comprehensive modern trust law framework. The code allows the settlor to waive or modify trustee duties to give notice, information, and reports to beneficiaries (§19-1301.05(c)), including during the settlor's or surviving spouse's lifetime, by specifying a different age for beneficiary notification, or by designating a person to protect beneficiary interests. Nonjudicial settlement agreements are permitted under §19-1301.11. The code provides the full range of UTC trust modification tools including modification for changed circumstances, by consent, and for tax objectives. D.C. imposes income tax on trust income, with rates up to 10.75% (one of the highest in the nation). D.C. does not have a state estate tax separate from the federal estate tax (the D.C. estate tax is currently decoupled but applies only above the federal exemption). The Rule Against Perpetuities applies in D.C. unless modified by the trust instrument, and D.C. has not abolished it for dynasty trust purposes.
Unique Factors
D.C. is a unique jurisdiction as it is a federal district rather than a state, yet it has its own comprehensive trust code adopting the UTC. D.C.'s UTC is one of the earlier adoptions (2004), making it well-established. The code uniquely allows settlors to modify beneficiary notification duties through multiple mechanisms (§19-1301.05(c)), including designating a trust protector-like role. D.C.'s high income tax rate (up to 10.75%) makes it less favorable for trust situs compared to no-tax states. The statutory trust registration process through the Department of Licensing and Consumer Protection is distinctive. D.C. code also provides for electronic records and signatures in trust matters (§19-1311.02), conforming to federal e-signature law. As the nation's capital, D.C. trusts may involve unique federal considerations not present in state jurisdictions.