Certificate of Trust — Indiana Non-UTC
State-specific requirements for a Certificate of Trust in Indiana.Create yours now →
Certificate of Trust · At a glance
Indiana · summary of the record on file
Ind. Code tit. 30, art. 4 (Indiana Trust Code, originally enacted 1971, independently maintained — NOT a UTC adoption); Certification of Trust at Ind. Code § 30-4-4-5Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: No specific notary or witness requirement in the statute.
- Witnesses: No specific notary or witness requirement in the statute.
- Recording: No recording requirement specified.
- Source URL: https://iga.in.gov/ic/2026/Title_30/Article_4/Chapter_4/2026_IC_30-4-4-5.html
- Last verified: 2026-09-17
- Legal review: Not performed
Statutory Citation
Ind. Code tit. 30, art. 4 (Indiana Trust Code, originally enacted 1971, independently maintained — NOT a UTC adoption); Certification of Trust at Ind. Code § 30-4-4-5
How a Certificate of Trust works in Indiana
Certification Requirements
Under IC § 30-4-4-5, a trustee may furnish a certification of trust instead of a copy of the trust instrument. Must contain: (1) that the trust exists and date instrument executed; (2) identity of settlor; (3) identity and address of currently acting trustee; (4) powers of trustee; (5) revocability or irrevocability and identity of person holding power to revoke; (6) authority of cotrustees to sign/authenticate and whether all or less than all required; (7) manner of taking title to trust property. Must state trust has not been revoked, modified, or amended to make representations incorrect. May contain dispositive terms (unlike UTC which says need not). Recipient may require excerpts designating trustee and conferring powers for pending transaction.
When a trustee presents a certificate of trust in Indiana, the recipient checks the certificate against Ind. Code 30-4-4-5, which is Indiana's adoption of Uniform Trust Code 1013. The statute permits the trustee to furnish a certification of trust instead of a copy of the trust instrument to establish the existence or terms of the trust. The certification must be signed by the trustee and may contain: that the trust exists, the date of execution of the trust instrument, the identity of the settlor, the identity and address of the trustee, the powers of the trustee, the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust, the authority of co-trustees, and the manner in which title to trust assets is held.
Common mistakes that get certificates rejected
A certificate that omits the statement that the trust has not been revoked or modified in a manner causing the representations to be incorrect falls short of Ind. Code 30-4-4-5'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 a trustee who is no longer acting, also fails the statute. Another common error is failing to include the trust's identifying number or the manner in which title is held.
What makes Indiana different
Indiana has adopted the Uniform Trust Code as Ind. Code Title 30, Article 4, Chapter 4. The certification of trust is governed by Ind. Code 30-4-4-5, which is the UTC 1013 adoption. Indiana 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. Indiana has not enacted a separate business trust statute. 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. Indiana's trust code was enacted in 1971 and is one of the oldest comprehensive trust codes in the nation under state law.
Frequently asked questions
Does Indiana require a certificate of trust to be notarized?
Ind. Code 30-4-4-5 does not specifically require notarization for the certificate itself. The statute requires the certification to be signed by the 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. No witnesses are required by statute, and recording the certificate with the county recorder is not mandated by Indiana law.
What must an Indiana certificate of trust contain?
Under Ind. Code 30-4-4-5, the certification must be signed by the trustee and may contain: that the trust exists and the date of execution, the identity of the settlor, the identity and address of the trustee, the powers of the trustee, the revocability or irrevocability and the identity of any person holding a power to revoke, the authority of co-trustees, and the manner in which title to trust assets is held. The certification must state the trust has not been revoked or modified causing the representations to be incorrect.
Can a bank ask for the entire trust after I present a certificate?
Under Ind. Code 30-4-4-5, 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. 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. Indiana's certification provisions provide the same protections as the Uniform Trust Code 1013.
Is a certificate of trust the same as a trust agreement in Indiana?
No. The certificate is a short, signed declaration summarizing the information Ind. Code 30-4-4-5 requires, 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 provisions of the trust. A certificate omitting any required content, such as the settlor identity or trustee powers, does not conform to the statute's requirements under Indiana's Trust Code.
Execution Requirements
Certification of trust may be signed or authenticated by any trustee (IC § 30-4-4-5(b)). No specific notary or witness requirement in the statute. No recording requirement specified. Reliance protection: person acting in reliance without knowledge of incorrectness not liable and may assume facts exist; good faith transactions enforceable against trust property. Bad faith demands for full trust instrument liable for damages. Does not limit right to obtain copy in judicial proceeding.
Business Trust Treatment
Indiana treats business trusts/Massachusetts trusts under common law. The Indiana Trust Code (IC 30-4) governs trusts but does not contain a specific statutory business trust entity registration act. Business trusts are recognized as unincorporated associations under common law. Indiana has historically recognized Massachusetts business trusts under common law principles. Indiana does not have a business trust registration statute like Delaware's DST or Nevada's NRS 88A.
Favorable Trust Laws
Indiana extended its Rule Against Perpetuities to 360 years effective July 1, 2019 (for trusts created after that date), allowing dynasty trusts. Indiana allows quiet trusts (silent trusts) where beneficiaries need not be notified of the trust for a specified period. Indiana permits directed trusts. Indiana has adopted decanting provisions. Indiana enacted Domestic Asset Protection Trust (DAPT) legislation. Indiana has no state estate tax. Indiana's trust code, while not the UTC, is comprehensive and was cited as a model during the UTC drafting process.
Unique Factors
Indiana has one of the oldest comprehensive trust codes in the country, enacted in 1971 — more than 30 years before the UTC was drafted. Indiana's code was actually cited as a model during the UTC drafting process, yet Indiana chose NOT to adopt the UTC, instead maintaining and updating its own independent framework. Indiana uniquely allows certification of trust to CONTAIN dispositive terms (UTC says need not), giving more flexibility. Indiana offers quiet trust provisions with court-appointed representatives. The 2019 extension of RAP to 360 years and DAPT legislation make Indiana increasingly competitive as a trust situs. Indiana's trust code includes a choice of law provision (IC 30-4-1-11) allowing settlor to select governing law unless contrary to Indiana public policy.