Certificate of Trust — Missouri UTC Adopted
State-specific requirements for a Certificate of Trust in Missouri.Create yours now →
Certificate of Trust · At a glance
Missouri · summary of the record on file
Mo. Rev. Stat. ch. 456 (Missouri Uniform Trust Code, enacted 2004, effective Jan 1, 2005); Certification of Trust at Mo. Rev. Stat. § 456.10-1013Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: A third party may require that the certification be acknowledged or guaranteed (§ 456.
- Witnesses: No specific witness requirement.
- Recording: No recording requirement in the statute.
- Source URL: https://revisor.mo.gov/main/OneSection.aspx?section=456.10-1013
- Last verified: 2026-09-17
- Legal review: Not performed
Statutory Citation
Mo. Rev. Stat. ch. 456 (Missouri Uniform Trust Code, enacted 2004, effective Jan 1, 2005); Certification of Trust at Mo. Rev. Stat. § 456.10-1013
How a Certificate of Trust works in Missouri
Certification Requirements
Under § 456.10-1013, instead of furnishing a copy of the trust instrument, the trustee may furnish a certification of trust containing: (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) the trust's taxpayer identification number; (8) manner of taking title to trust property. Must state trust has not been revoked, modified, or amended to make representations incorrect. Need not contain dispositive terms. Recipient may require excerpts designating trustee and conferring powers.
When a trustee presents a certification of trust in Missouri, the recipient checks the document against Mo. Rev. Stat. ç 456.10-1013. The statute permits a trustee to furnish a certification instead of a copy of the trust instrument. The certification must identify that the trust exists and state the execution date, identify the settlor, identify the currently acting trustee and the trustee's address, state the trustee's powers, state whether the trust is revocable or irrevocable and identify the person holding the power to revoke, state the authority of cotrustees to sign and whether all or less than all are required, include the trust's taxpayer identification number, and state the manner of taking title to trust property. The certification must also state that the trust has not been revoked, modified, or amended in a manner making the representations incorrect. The statute does not require the certification to contain dispositive terms.
Common mistakes that get certificates rejected
A common error is omitting the statement that the trust has not been revoked or modified in a manner making the representations incorrect. Without this statement, the certification does not conform to ç 456.10-1013. Another frequent mistake is failing to include the taxpayer identification number, which Missouri uniquely requires. A certification signed by fewer than all currently acting trustees also fails the statute, which requires the signature of every trustee. A certificate describing trustee powers that do not match the pending transaction may cause the institution to reject the certification and require the full trust instrument. This provision reflects the state's approach to trust certification.
What makes Missouri different
Missouri adopted the Uniform Trust Code in 2004, effective January 1, 2005, codified at Mo. Rev. Stat. ch. 456. The state's certification of trust statute at ç 456.10-1013 is notably more demanding than the standard UTC model due to the all-trustee signature requirement and the inclusion of the trust's taxpayer identification number. Missouri has abolished the Rule Against Perpetuities, making it a favorable dynasty trust jurisdiction. The state does not impose a state income tax on trust income for non-grantor trusts where the trustee and beneficiaries are not Missouri residents. Missouri does not allow self-settled asset protection trusts. Business trusts operate under common law without a separate statutory entity framework. The statute provides reliance protection for third parties who accept a conforming certification in good faith.
Frequently asked questions
Does Missouri require all trustees to sign the certification of trust?
Yes. Under Mo. Rev. Stat. ç 456.10-1013(2), the certification of trust must be signed by all trustees. This is stricter than many Uniform Trust Code states that permit any single trustee to sign. A certification signed by fewer than all currently acting trustees does not conform to the statute, and the recipient may require a corrected certification or the full trust instrument.
What additional information does Missouri require in a certification of trust?
Missouri uniquely requires the trust's taxpayer identification number in the certification, a requirement not found in the standard UTC model. The certification must also include the manner of taking title to trust property and a statement that the trust has not been revoked, modified, or amended in a manner making the representations incorrect. The statute lists eight required categories of information under ç 456.10-1013.
Can Missouri abolish the Rule Against Perpetuities for trusts?
Missouri has abolished the Rule Against Perpetuities for trusts, allowing trusts to last indefinitely. This makes Missouri a dynasty trust jurisdiction. The abolition applies to both revocable and irrevocable trusts, and there is no time limit on the duration of a Missouri trust created under the Missouri Uniform Trust Code. The perpetual duration allows multi-generational wealth transfer without the constraints found in states that retain the common law rule.
Does Missouri have a statutory business trust entity act?
Missouri does not have a specific statutory business trust entity act comparable to Delaware or Nevada. Business trusts in Missouri are recognized under common law as unincorporated associations or common law trusts. The Missouri Uniform Trust Code (ch. 456) governs express trusts but does not contain a separate business trust registration statute. This provision reflects the state's approach to trust certification.
Execution Requirements
Certification of trust must be signed by ALL trustees (§ 456.10-1013(2)) — this is stricter than many UTC states that allow any trustee to sign. A third party may require that the certification be acknowledged or guaranteed (§ 456.10-1013(2)). No specific witness requirement. No recording requirement in the statute. Reliance protection similar to UTC: person acting in reliance without knowledge of incorrectness not liable; good faith transactions enforceable. Bad faith demands for full trust instrument liable for damages.
Business Trust Treatment
Missouri treats business trusts/Massachusetts trusts under common law. The Missouri Uniform Trust Code (ch. 456) governs express trusts but does not contain a specific statutory business trust entity act. Business trusts in Missouri are recognized as unincorporated associations or common law trusts. Missouri does not have a business trust registration statute comparable to Delaware or Nevada. Missouri has historically recognized the validity of Massachusetts/business trusts under common law principles.
Favorable Trust Laws
Missouri has ABOLISHED the Rule Against Perpetuities for trusts, allowing trusts to last indefinitely — making it a dynasty trust jurisdiction. Missouri adopted the UTC in 2004 (effective 2005), one of the earlier adopters. Missouri does not impose a state income tax on trust income for non-grantor trusts where the trustee and beneficiaries are not Missouri residents. Missouri does not allow self-settled asset protection trusts (DAPTs). Missouri has no state estate or inheritance tax.
Unique Factors
Missouri is unique in requiring ALL trustees to sign the certification of trust (most UTC states allow any single trustee). Missouri also uniquely requires the trust's taxpayer identification number in the certification. Missouri has abolished the Rule Against Perpetuities, allowing perpetual/dynasty trusts. Missouri was one of the earliest UTC adopters (2005). The statute allows third parties to require acknowledgment or guarantee of the certification, an additional layer of formality not found in all UTC states. Missouri's certification of trust is notably more demanding than the standard UTC model due to the all-trustee signature requirement and TIN inclusion.