Certificate of Trust — Maine UTC Adopted
State-specific requirements for a Certificate of Trust in Maine.Create yours now →
Certificate of Trust · At a glance
Maine · summary of the record on file
Maine Revised Statutes Title 18-B (Maine Uniform Trust Code), enacted by PL 2003, c. 618, effective July 1, 2005. Certification of trust at 18-B M.R.S. §1013. Perpetuities at 33-A M.R.S. §101 et seq. (Uniform Statutory Rule Against Perpetuities).Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: Maine does not require a notary or witnesses for a trust under the Maine Uniform Trust Code.
- Witnesses: Maine does not require a notary or witnesses for a trust under the Maine Uniform Trust Code.
- Recording: Notarization is not required by statute but is recommended for practical purposes (bank acceptance, real estate recording).
- Source URL: https://legislature.maine.gov/statutes/18-B/title18-Bsec1013.html
- Last verified: 2026-09-17
- Legal review: Not performed
Statutory Citation
Maine Revised Statutes Title 18-B (Maine Uniform Trust Code), enacted by PL 2003, c. 618, effective July 1, 2005. Certification of trust at 18-B M.R.S. §1013. Perpetuities at 33-A M.R.S. §101 et seq. (Uniform Statutory Rule Against Perpetuities).
How a Certificate of Trust works in Maine
Certification Requirements
18-B M.R.S. §1013 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 some or all of the following information: (A) that the trust exists and the date the trust instrument was executed; (B) the identity of the settlor; (C) the identity and address of the currently acting trustee; (D) the powers of the trustee; (E) the revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust; (F) the authority of cotrustees to sign or otherwise authenticate and whether all or fewer than all are required to exercise powers of the trustee; (G) the trust's taxpayer identification number; (H) the manner of taking title to trust property. The certification may be signed or otherwise authenticated by any trustee. It must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations to be incorrect.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. A recipient may require the trustee to furnish excerpts from the original trust instrument and later amendments that designate the trustee and confer powers for the pending transaction. A person acting in reliance without knowledge of incorrectness is not liable. Good-faith reliance allows enforcement against trust property. Bad-faith demands for the trust instrument may result in damages. The section does not limit the right to obtain a copy in judicial proceedings.
When a trustee presents a certification of trust to a Maine bank or title company, the institution checks the certificate against the requirements of 18-B M.R.S. 1013: 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 for transactions.
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 18-B M.R.S. 1013'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 Maine different
Maine adopted the Uniform Trust Code through Title 18-B, enacted by PL 2003, c. 618 and effective July 1, 2005. The certification of trust statute at 18-B M.R.S. 1013 follows the UTC model closely, requiring a list of specified contents and providing reliance protections for third parties. Maine's perpetuities law follows the Uniform Statutory Rule Against Perpetuities under 33-A M.R.S. 101 et seq., which provides a 90-year wait-and-see period, limiting dynasty trust duration to 90 years maximum. Maine does not have a state estate or inheritance tax, but it does impose a state income tax on trust income for Maine-resident fiduciaries. Maine's trust code includes specific provisions for pet trusts, decanting, and trust protectors Maine does not impose a state estate or inheritance tax, making it neutral for trust taxation from a state tax perspective.
Frequently asked questions
Does Maine require a certification of trust to be notarized?
No. Maine does not require a notary or witnesses for a trust under the Maine Uniform Trust Code. The trust is validly created if 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 real estate recording but is not a statutory requirement for trust validity.
What must a Maine certification of trust contain?
18-B M.R.S. 1013 lists the required contents: existence of the trust and date the trust instrument was executed, identity of the settlor, identity and address of the currently acting trustee, powers of the trustee, revocability or irrevocability and the identity of any person holding a power to revoke, authority of cotrustees and whether all or fewer than all are required, the trust's taxpayer identification number, and the manner of taking title to trust property.
Can a bank demand the entire trust after I present a certificate in Maine?
Under 18-B M.R.S. 1013, 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 trust instrument may result in damages. A recipient may also require the trustee to furnish 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 a trust agreement in Maine?
No. The certification is a short, signed declaration summarizing the information 18-B M.R.S. 1013 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.
Execution Requirements
Maine does not require a notary or witnesses for a trust under the Maine Uniform Trust Code. The trust is validly 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. Notarization is not required by statute but is recommended for practical purposes (bank acceptance, real estate recording). For recording real property held in trust, deeds must be acknowledged/notarized under Maine deed recording statutes. Maine recognizes remote online notarization (RON). No witness requirement for trust instruments.
Business Trust Treatment
Maine does not have a specific business trust or Massachusetts trust statute. Business trusts operating in Maine are typically structured as LLCs, corporations, or limited partnerships. The Maine Uniform Trust Code applies to express trusts generally but does not specifically address business trusts as a distinct entity type. Maine's LLC Act and business corporation statutes are the primary vehicles for business entities that might function similarly to business trusts. Foreign business trusts may operate in Maine subject to foreign entity registration requirements. Maine's trust code covers both charitable and noncharitable express trusts.
Favorable Trust Laws
Maine adopted the Uniform Statutory Rule Against Perpetuities (33-A M.R.S. §101 et seq.), which provides that a nonvested property interest is invalid unless it vests or terminates within 21 years after a life in being, OR within 90 years after creation. Maine has NOT abolished the rule against perpetuities or extended it to allow perpetual dynasty trusts, so dynasty trust duration is limited to 90 years maximum. Maine does not have a self-settled asset protection trust (DAPT) statute. Maine offers spendthrift trust protections under the UTC. Maine has no state estate tax (repealed) but has a state income tax on trust income for Maine-resident fiduciaries. Homestead protections exist but are modest. Maine's trust laws are generally standard UTC and not particularly favorable for aggressive asset protection or dynasty planning compared to DAPT/abolished-perpetuities states.
Unique Factors
Maine was one of the earlier UTC adopters (2003 legislation, 2005 effective). Maine's UTC is codified as Title 18-B, a standalone title. Maine has specific provisions for pet trusts (18-B M.R.S. §408) following the UTC model. Maine's perpetuities law follows the Uniform Statutory Rule Against Perpetuities with a 90-year wait-and-see period, which is more permissive than the common law rule but less favorable than states that have abolished the rule entirely. Maine does not have a state estate or inheritance tax. Maine's trust code includes specific provisions for decanting (18-B M.R.S. §414B) and trust protectors. Maine allows directed trustee arrangements.