Certificate of Trust — Florida UTC Adopted
State-specific requirements for a Certificate of Trust in Florida.Create yours now →
Certificate of Trust · At a glance
Florida · summary of the record on file
Fla. Stat. § 736.1017Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: Not statutorily required for certification itself. May be signed or otherwise authenticated by any trustee. Third party may require acknowledgment.
- Witnesses: Not required.
- Recording: May be recorded in real property records where appropriate. Not mandated.
- Source URL: https://www.flsenate.gov/Laws/Statutes/2025/736.1017
- Last verified: 2026-09-17
- Legal review: Not performed
Statutory Citation
Fla. Stat. § 736.1017
How a Certificate of Trust works in Florida
Certification Requirements
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When a trustee presents a certificate of trust to a Florida institution, the recipient checks the certificate against Fla. Stat. § 736.1017. The statute requires the certificate to identify the trust and its execution date, the settlor, the currently acting trustee and the trustee's address, the powers of the trustee, whether the trust contains powers of direction and the identity of the current trust directors and whether they authorized the proposed transaction, the revocability or irrevocability and the identity of the person holding the power to revoke, the authority of co-trustees and whether all or less than all are required, 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 The certificate must also state that the trust has not been revoked, modified, or amended in any manner that would cause the representations to be incorrect.
Common mistakes that get certificates rejected
A certificate that omits the statement that the trust has not been revoked, modified, or amended in a manner causing the representations to be incorrect falls short of Fla. Stat. § 736.1017's required contents. So does one 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 currently acting trustees when the statute requires all, also fails the statute.
What makes Florida different
Florida has adopted the Uniform Trust Code as Chapter 736, the Florida Trust Code, with modifications. The certification of trust is governed by Fla. Stat. § 736.1017, which lists the required contents and provides reliance protections for third parties. Florida 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. Business trusts are explicitly excluded from the Florida Trust Code by Fla. Stat. § 736.0102(2). Land trusts under Fla. Stat. § 689.071 are also largely excluded from the Trust Code. The statute's two-sided design lets institutions 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.
Frequently asked questions
Does Florida require a certificate of trust to be notarized?
Fla. Stat. § 736.1017 does not specifically require notarization for the certificate itself. The statute permits the certificate to be signed or otherwise authenticated by any trustee. A third party, such as a bank or title company, may require an acknowledgment before a notary as a condition of accepting the certificate. The statute does not mandate witnesses or recording of the certificate.
What must a Florida certificate of trust contain?
Fla. Stat. § 736.1017 requires the certificate to identify the trust and its execution date, the settlor, the currently acting trustee and the trustee's address, the powers of the trustee, whether the trust contains powers of direction and the identity of the current trust directors, the revocability or irrevocability and the identity of the person holding the power to revoke, the authority of co-trustees, and the manner of taking title. The certificate must state trust has not been revoked, modified, or amended in a manner causing representations to be incorrect.
Can a bank ask for the entire trust after I present a certificate?
Under Fla. Stat. § 736.1017, 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. 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. The statute expressly provides that the certificate need not contain the dispositive terms of the trust.
Is a certificate of trust the same as a trust agreement in Florida?
No. The certificate is a short, signed declaration summarizing the information Fla. Stat. § 736.1017 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. A certificate omitting any required content, such as the settlor identity, trustee powers, revocability statement, or manner of taking title, does not conform to the statute's requirements.
Execution Requirements
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Business Trust Treatment
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Favorable Trust Laws
Self-settled spendthrift (Dynasty) trusts permitted under Fla. Stat. § 736.0502Strong asset protection trust statutesHomestead protectionsUTC-adopted providing uniform rules and interstate consistency
Unique Factors
Adopted UTC with modifications (Chapter 736, Florida Trust Code)Business trusts explicitly excluded from Trust Code scopeStrong asset protection/Dynasty trust lawsLand trusts under § 689.071 largely excluded from Trust CodeTrust director provisions integrated into certification requirements