Certificate of Trust — Georgia Non-UTC
State-specific requirements for a Certificate of Trust in Georgia.Create yours now →
Certificate of Trust · At a glance
Georgia · summary of the record on file
Georgia Trust Code at O.C.G.A. Title 53, Chapter 12 (Revised Georgia Trust Code, effective July 1, 2010); Certificate of Trust at O.C.G.A. § 53-12-280 (UTC § 1013). Rule Against Perpetuities at O.C.G.A. § 44-6-200 through § 44-6-206.Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: Georgia does NOT require witnesses or notarization for valid trust execution under the Georgia Trust Code.
- Witnesses: Georgia does NOT require witnesses or notarization for valid trust execution under the Georgia Trust Code.
- Recording: For real property transfers into trust, deeds must be notarized and recorded in the county where property is located.
- Source URL: https://law.onecle.com/georgia/title-53/53-12-280.html
- Last verified: 2026-09-17
- Legal review: Not performed
Statutory Citation
Georgia Trust Code at O.C.G.A. Title 53, Chapter 12 (Revised Georgia Trust Code, effective July 1, 2010); Certificate of Trust at O.C.G.A. § 53-12-280 (UTC § 1013). Rule Against Perpetuities at O.C.G.A. § 44-6-200 through § 44-6-206.
How a Certificate of Trust works in Georgia
Certification Requirements
Under O.C.G.A. § 53-12-280, a certification of trust may contain some or all of: (1) that the trust exists and date of the trust and any amendments; (2) identity of each settlor; (3) identity and address of each current trustee and, if more than one, the number and identity of those required to exercise the powers of the trustee; (4) relevant powers of the trustee and any restrictions or limitations on those powers; (5) revocability or irrevocability of the trust; (6) how trust property should be titled; (7) except as disclosed, that the transaction at issue requires no consent or action by any person other than the certifying trustee; (8) such other information as the trustee deems appropriate. Must be signed by each trustee. Must state trust has not been revoked, modified, or amended in a manner that would cause representations to be incorrect. Need not contain dispositive provisions. A certification of trust in recordable form may be recorded in the office of the clerk of superior court.
When a trustee presents a certificate of trust in Georgia, the recipient checks the certificate against O.C.G.A. § 53-12-280, which is Georgia's adoption of Uniform Trust Code § 1013. The statute permits the certificate to contain some or all of the following: that the trust exists and the date of the trust and any amendments, the identity of each settlor, the identity and address of each current trustee and, if more than one, the number and identity of those required to exercise the powers of the trustee, the relevant powers of the trustee and any restrictions or limitations on those powers, the revocability or irrevocability of the trust, how trust property should be titled, and except as disclosed, that the transaction at issue requires no consent or action by any person other than the certifying trustee.
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 O.C.G.A. § 53-12-280's requirements. 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 each trustee to sign, also fails the statute.
What makes Georgia different
Georgia has adopted the Revised Georgia Trust Code, effective July 1, 2010, which is based on the Uniform Trust Code. The certification of trust is governed by O.C.G.A. § 53-12-280, which is the UTC § 1013 adoption. Georgia 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. Georgia does not have a specific statutory business trust act; business trusts are treated under common law principles supplemented by the Georgia 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 under the Georgia Trust Code.
Frequently asked questions
Does Georgia require a certificate of trust to be notarized?
Georgia does not require notarization or witnesses for the execution of a trust or for the certificate of trust under O.C.G.A. § 53-12-280. The statute requires the certificate to be signed by each 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 under the statute.
What must a Georgia certificate of trust contain?
Under O.C.G.A. § 53-12-280, the certificate may contain some or all of the following: that the trust exists and the date of the trust and any amendments, the identity of each settlor, the identity and address of each current trustee and the number and identity of those required to exercise trustee powers, the relevant powers and any restrictions, the revocability or irrevocability, how trust property should be titled, and that the transaction requires no consent or action by any person other than the certifying trustee.
Can a bank ask for the entire trust after I present a certificate?
Under O.C.G.A. § 53-12-280 and the Georgia Trust Code, a person who asks for the complete trust documents in addition to a valid certificate, without cause, may be liable for damages including 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.
Is a certificate of trust the same as a trust agreement in Georgia?
No. The certificate is a short, signed declaration summarizing the information O.C.G.A. § 53-12-280 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 dispositive provisions. A certificate omitting any required content, such as the settlor identity or trustee powers, does not conform to the statute's requirements.
Execution Requirements
Georgia does NOT require witnesses or notarization for valid trust execution under the Georgia Trust Code. A revocable living trust is executed by the settlor with notarization recommended but not required by statute. For real property transfers into trust, deeds must be notarized and recorded in the county where property is located. Certification of trust in recordable form may be recorded with clerk of superior court. Georgia does not require registration of trusts with any court.
Business Trust Treatment
Georgia does NOT have a specific statutory business trust act like Ohio or Pennsylvania. Business trusts / Massachusetts trusts in Georgia are treated under common law principles as supplemented by the Georgia Trust Code (O.C.G.A. Title 53, Ch. 12). Georgia recognizes business trusts under common law — the trust code's general provisions apply to express trusts including those used for business purposes. Georgia does not require filing a business trust instrument with the Secretary of State. There is no separate business trust entity statute. Business trusts are generally treated as common law trusts for most purposes.
Favorable Trust Laws
Georgia allows extended-duration trusts under its Uniform Statutory Rule Against Perpetuities (O.C.G.A. § 44-6-200 through 44-6-206), permitting interests to remain nonvested for up to 360 years. Georgia does NOT allow self-settled asset protection trusts. Georgia has no state estate tax or inheritance tax. Georgia's trust code includes pet trust provisions (O.C.G.A. § 53-12-28) and a Prudent Investor Act provision (O.C.G.A. § 53-12-340). Georgia allows recordable certifications of trust to be recorded with clerk of superior court. Georgia's trust code applies to all trusts regardless of creation date (with vested rights exception).
Unique Factors
Georgia's 360-year trust duration under its Uniform Statutory Rule Against Perpetuities is among the longer statutory periods in the nation, enabling multi-generational dynasty planning. Georgia has no state estate or inheritance tax, making it tax-favorable for trust situs. Georgia does NOT have a dedicated business trust statute — relying on common law treatment, which is less formal than states like Ohio or Pennsylvania. Georgia's certification of trust statute uniquely allows recording in recordable form with the clerk of superior court, providing a public record option. Georgia's Revised Trust Code (effective 2010) retroactively applies to all trusts regardless of creation date, subject to vested rights protection. Georgia allows bad-faith demands for the full trust instrument to result in liability for damages including attorney's fees.
Sources & verification
- O.C.G.A. § 53-12-280 (authoritative mirror)