Certificate of Trust — Kentucky UTC Adopted
State-specific requirements for a Certificate of Trust in Kentucky.Create yours now →
Certificate of Trust · At a glance
Kentucky · summary of the record on file
KRS Chapter 386B (Kentucky Uniform Trust Code), enacted 2014 Ky. Acts ch. 25, effective July 15, 2014. Certification of trust at KRS 386B.10-120. Rule against perpetuities at KRS 381.215-381.226. Business trust provisions at KRS 386.370-386.440.Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: Kentucky does not require a notary or witnesses for a trust under the Kentucky Uniform Trust Code.
- Witnesses: Kentucky does not require a notary or witnesses for a trust under the Kentucky Uniform Trust Code.
- Recording: Notarization is recommended for practical purposes (bank acceptance, recording) but is not a statutory requirement for trust validity.
- Source URL: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43153
- Last verified: 2026-09-17
- Legal review: Not performed
Statutory Citation
KRS Chapter 386B (Kentucky Uniform Trust Code), enacted 2014 Ky. Acts ch. 25, effective July 15, 2014. Certification of trust at KRS 386B.10-120. Rule against perpetuities at KRS 381.215-381.226. Business trust provisions at KRS 386.370-386.440.
How a Certificate of Trust works in Kentucky
Certification Requirements
KRS 386B.10-120 provides that 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 the following information: (1) that the trust exists and the date the trust instrument was signed; (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 The certification must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations to be incorrect. It 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 later amendments which designate the trustee and confer powers for the pending transaction. A person acting in reliance without knowledge of incorrectness is not liable and may assume the facts. Good-faith reliance allows enforcement against trust property. Bad-faith demands for the full trust instrument may result in damages. The District Court has exclusive jurisdiction over matters under this section.
When a trustee presents a certification of trust to a Kentucky bank or title company, the institution checks the certificate against the requirements of KRS 386B.10-120: that it identifies the trust and its execution date, the settlor, the currently acting trustees and their powers, whether the trust is revocable and who holds the power to revoke, how multiple trustees sign, and how title is taken. The statute's purpose is to let institutions rely on the certificate without receiving the entire trust instrument, which keeps the dispositive and distribution terms private. If the certificate is incomplete, the institution may require the trustee to furnish excerpts from the original trust instrument and later amendments that designate the trustee and confer the power to act in the pending transaction, or both. The District Court has exclusive jurisdiction over matters under this section.
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 cause the representations to be incorrect falls short of KRS 386B.10-120'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. In each case the institution may require the full trust instrument, and a bad-faith demand may result in damages under the statute.
What makes Kentucky different
Kentucky adopted the Uniform Trust Code relatively recently through KRS Chapter 386B, enacted by 2014 Ky. Acts ch. 25 and effective July 15, 2014. The certification of trust statute at KRS 386B.10-120 follows the UTC model closely, requiring a list of specified contents and providing reliance protections for third parties. Kentucky is notable for requiring District Court to have exclusive jurisdiction over certification of trust matters under this section. The state's business trust provisions are governed by KRS 386.370-386.440, which define business trusts and provide for their formation, operation, and governance. Kentucky repealed its common law rule against perpetuities in 2010 and replaced it with a 360-year permissible period of power of alienation under KRS 381.224, making it a moderately favorable dynasty trust jurisdiction.
Frequently asked questions
Does Kentucky require a certification of trust to be notarized?
No. Kentucky does not require a notary or witnesses for a trust under the Kentucky Uniform Trust Code. The trust is created when the settlor has capacity, indicates intention to create the trust, there is a definite beneficiary, the trustee has duties, and the same person is not sole trustee and sole beneficiary. Notarization is recommended for practical purposes such as bank acceptance and recording but is not a statutory requirement for trust validity.
What must a Kentucky certification of trust contain?
KRS 386B.10-120 lists the required contents: existence of the trust and the trust date, identity of the settlor, address of the currently acting trustee, powers of the trustee, revocability or irrevocability and the identity of the person holding a power to revoke, authority of cotrustees 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 a manner that would cause the representations to be incorrect.
Can a bank demand the entire trust after I present a certificate in Kentucky?
Under KRS 386B.10-120, a person acting in reliance without knowledge of incorrectness is not liable and may assume the facts. Good-faith reliance allows enforcement against trust property. Bad-faith demands for the full trust instrument may result in damages. A recipient may also require the trustee to furnish copies of excerpts from the original trust instrument and later amendments that designate the trustee and confer powers for the pending transaction.
Is a certification of trust the same as the full trust agreement in Kentucky?
No. The certification is a short, signed declaration summarizing the information KRS 386B.10-120 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 terms and may include excerpts designating the trustee and succession documents. A certificate omitting any required content does not conform to the statute.
Execution Requirements
Kentucky does not require a notary or witnesses for a trust under the Kentucky Uniform Trust Code. The trust is created if the settlor has capacity, indicates intention to create the trust, there is a definite beneficiary (or charitable/animal/purpose trust), the trustee has duties, and the same person is not sole trustee and sole beneficiary. The trust instrument may be signed electronically and executed entirely remotely. Notarization is recommended for practical purposes (bank acceptance, recording) but is not a statutory requirement for trust validity. For recording real property held in trust, notarization/acknowledgment of deeds is required separately under Kentucky deed recording statutes.
Business Trust Treatment
Kentucky recognizes business trusts under KRS 386.370-386.440. KRS 386.370 defines 'business trust' and 'business entity' to include Real Estate Investment Trusts (REITs) and similar entities. Foreign business trusts valid in their state of origin are valid in Kentucky if they comply with KRS 386.390-386.440. Business trusts are treated as separate legal entities for most purposes, including suing and being sued in the trust name. Kentucky's business trust statutes provide for the formation, operation, and governance of business trusts, including provisions on trustees, beneficial interests, and liability protections similar to corporate shield principles.
Favorable Trust Laws
Kentucky repealed its common law rule against perpetuities effective July 15, 2010 (KRS 381.215-381.217 repealed), replacing it with KRS 381.224 and 381.225, which permit a permissible period of power of alienation under trust for up to 360 years (a very long but finite period), making Kentucky favorable for dynasty trusts of substantial duration. KRS 381.226 governs applicability and construction of these perpetuities provisions. Kentucky does not impose a state income tax on trusts if the trust has no Kentucky-source income and no Kentucky resident beneficiaries. Kentucky offers spendthrift trust protections under the UTC. Self-settled asset protection trusts are not expressly authorized, so Kentucky is not a DAPT state. Kentucky does not have a state estate or inheritance tax.
Unique Factors
Kentucky adopted the Uniform Trust Code relatively recently (2014), making it one of the later UTC adopters. The 360-year perpetuities period under KRS 381.224 is notably long, positioning Kentucky as a moderately favorable dynasty trust jurisdiction. Kentucky is the only state that requires District Court to have exclusive jurisdiction over certification of trust matters (KRS 386B.10-120(10)). Kentucky's business trust statutes (KRS Chapter 386) are separate from and predate the UTC adoption, creating a dual statutory framework for trust-type entities.