Certificate of Trust — Kansas UTC Adopted
State-specific requirements for a Certificate of Trust in Kansas.Create yours now →
Certificate of Trust · At a glance
Kansas · summary of the record on file
Kansas Statutes Annotated (K.S.A.) Chapter 58A (Kansas Uniform Trust Code), §§ 58a-101 et seq. (enacted L. 2002, ch. 133). Certification of trust: K.S.A. § 58a-1013. Rule against perpetuities: K.S.A. §§ 59-3401 et seq. (Uniform Statutory Rule Against Perpetuities, Article 34 of Chapter 59). Revocable trust contest: K.S.A. § 58a-604.Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: The statute refers to an 'acknowledged' certification of trust (§ 58a-1013(a)), implying notarized acknowledgment is required.
- Witnesses: No witnesses or recording are specifically required for the certification.
- Recording: No witnesses or recording are specifically required for the certification.
- Source URL: https://www.kslegislature.gov/b2025_26/laws/058a_000_0000_chapter/058a_010_0000_article/058a_010_0013_section/058a_010_0013_k/
- Last verified: 2026-09-17
- Legal review: Not performed
Statutory Citation
Kansas Statutes Annotated (K.S.A.) Chapter 58A (Kansas Uniform Trust Code), §§ 58a-101 et seq. (enacted L. 2002, ch. 133). Certification of trust: K.S.A. § 58a-1013. Rule against perpetuities: K.S.A. §§ 59-3401 et seq. (Uniform Statutory Rule Against Perpetuities, Article 34 of Chapter 59). Revocable trust contest: K.S.A. § 58a-604.
How a Certificate of Trust works in Kansas
Certification Requirements
Under K.S.A. § 58a-1013, instead of furnishing a copy of the trust instrument to a person other than a qualified beneficiary, the trustee may furnish an acknowledged 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 in order to exercise powers of the trustee; (7) The manner of taking title to trust property. The certification must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations to be incorrect. A certification need not contain the dispositive terms of a trust. A recipient may require the 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.
When a trustee presents a certificate of trust in Kansas, the recipient checks the certificate against K.S.A. 58a-1013, which is Kansas's adoption of Uniform Trust Code 1013. The statute permits the trustee to furnish an acknowledged 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 the trust instrument was executed, 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, modified, or amended in any manner causing the representations to be incorrect falls short of K.S.A. 58a-1013'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 Kansas different
Kansas has adopted the Uniform Trust Code as K.S.A. Chapter 58A, the Kansas Trusts Act. The certification of trust is governed by K.S.A. 58a-1013, which is the UTC 1013 adoption. Kansas 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. Kansas 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. Kansas's trust code provides the same reliance protections as the Uniform Trust Code for third parties that accept a conforming certificate under Kansas state law.
Frequently asked questions
Does Kansas require a certificate of trust to be notarized?
K.S.A. 58a-1013 refers to an acknowledged certification of trust, implying notarized acknowledgment is required. 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 Kansas law.
What must a Kansas certificate of trust contain?
Under K.S.A. 58a-1013, the certification must be signed by the trustee and may contain: that the trust exists and the date the trust was executed, the identity of the settlor, 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, modified, or amended in any manner causing the representations to be incorrect.
Can a bank ask for the entire trust after I present a certificate?
Under K.S.A. 58a-1013, 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. Kansas'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 Kansas?
No. The certificate is a short, signed declaration summarizing the information K.S.A. 58a-1013 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 Kansas's Trusts Act.
Execution Requirements
A certification of trust may be signed or otherwise authenticated by any trustee (K.S.A. § 58a-1013(b)). The statute refers to an 'acknowledged' certification of trust (§ 58a-1013(a)), implying notarized acknowledgment is required. No witnesses or recording are specifically required for the certification. The Kansas Uniform Trust Code was enacted in 2002 (L. 2002, ch. 133) and amended in 2012 (L. 2012, ch. 110, § 2).
Business Trust Treatment
Kansas does not have a specific Massachusetts/business trust statute. Business trusts are treated under common law principles and general trust law under K.S.A. Chapter 58A. Kansas recognizes unincorporated business organizations under common law but does not provide a specific statutory framework for business trusts. Kansas's business entity statutes (K.S.A. Chapter 17) govern corporations, LLCs, and partnerships as the standard business vehicles.
Favorable Trust Laws
Kansas has adopted the Uniform Statutory Rule Against Perpetuities (K.S.A. §§ 59-3401 et seq.), under which a nonvested property interest is valid if it is certain to vest or terminate within 21 years after the death of an individual then alive, or if it vests or terminates within 90 years after its creation (standard USRAP). Kansas does NOT authorize self-settled domestic asset protection trusts (DAPTs). Kansas has no state estate or inheritance tax. The Kansas Uniform Trust Code provides standard UTC-based provisions for trust modification, decanting, and trustee powers. The 90-year wait-and-see period under USRAP provides some flexibility for long-term trusts but is shorter than states with extended or abolished perpetuities periods.
Unique Factors
Kansas adopted the UTC as the Kansas Uniform Trust Code (K.S.A. Chapter 58A) in 2002, using the UTC section numbers as part of the Kansas citation (e.g., UTC § 101 = K.S.A. 58a-101). Kansas uses the standard USRAP with a 90-year wait-and-see period, which is less favorable for dynasty trusts than states with extended periods. A notable feature is K.S.A. § 58a-604, which requires a contest of a revocable trust to be commenced within one year of the settlor's death or four months from the date of first publication of notice to creditors, whichever is earlier — a specific limitation period for trust contests. Kansas does not offer self-settled asset protection trusts, making it a traditional trust jurisdiction.