Certificate of Trust — South Dakota Non-UTC
State-specific requirements for a Certificate of Trust in South Dakota.Create yours now →
Certificate of Trust · At a glance
South Dakota · summary of the record on file
South Dakota Codified Laws (SDCL) Title 55 (Fiduciaries and Trusts), Chapters 55-1 through 55-4; SDCL § 55-4-51 (certificate of trust); SDCL Title 47, Chapter 14A (South Dakota Business Trust Act)Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: The certificate of trust must be acknowledged or verified under oath before a notary public or other official authorized to administer oaths.
- Witnesses: South Dakota law does not require witnesses for trust execution.
- Recording: For real property transactions, the certificate may be recorded in the office of the register of deeds.
- Source URL: https://sdlegislature.gov/Statutes/55-4-51
- Last verified: 2026-09-17
- Legal review: Not performed
Statutory Citation
South Dakota Codified Laws (SDCL) Title 55 (Fiduciaries and Trusts), Chapters 55-1 through 55-4; SDCL § 55-4-51 (certificate of trust); SDCL Title 47, Chapter 14A (South Dakota Business Trust Act)
How a Certificate of Trust works in South Dakota
Certification Requirements
Under SDCL § 55-4-51, a certificate of trust must be signed by a trustee, settlor, grantor, or trustor and contain: (1) a statement that the trust exists, the current name of the trust, any previous name if changed, and the date the trust instrument or will was executed; (2) the name of the settlor, grantor, trustor, testator, or testatrix; (3) the name of each original trustee and the name and address of each trustee currently empowered to act; (4) the applicable powers of the trustee selected by the signer, including powers to sell, convey, pledge, mortgage, lease, or transfer title to property, and the number of trustees required to act; (5) a statement that the trust is irrevocable or, if revocable, that it has not been revoked; (6) a statement whether the trust is supervised by a court and any court restrictions on the trustee; (7) if applicable, a description of any property to be conveyed; (8) a statement that the trust has not been modified or amended in a manner causing the representations to be incorrect. The signature must be acknowledged or verified under oath before a notary public. Need not contain dispositive terms.
Under SDCL 55-4-51, a trustee, settlor, grantor, or trustor may present a certificate of trust to a third party in lieu of the full trust instrument. The certificate must identify the trust by its current name and any previous name, state the date the trust instrument or will was executed, name the settlor, list each original trustee and the name and address of each trustee currently empowered to act, describe the applicable trustee powers including the ability to sell, convey, pledge, mortgage, lease, or transfer title, state whether the trust is irrevocable or revocable and whether it has been revoked, note any court supervision and restrictions, describe property to be conveyed if applicable, and include a statement that the trust has not been modified or amended in a manner causing the representations to be incorrect. The signature must be acknowledged or verified under oath before a notary public.
Common mistakes that get certificates rejected
A certificate that omits the statement that the trust has not been modified or amended in a manner causing the representations to be incorrect falls short of SDCL 55-4-51. Leaving out the revocability statement and the identity of the person holding the power to revoke prevents a title company from confirming who must sign a deed. A certificate describing trustee powers that do not match the pending transaction, or signed by fewer than all currently acting trustees, also fails the statute. In each case the recipient may require the full trust instrument, and an unnecessary request can expose the requester to liability.
What makes South Dakota different
South Dakota is a premier trust jurisdiction with no state income tax, no state estate tax, and no inheritance tax. The state abolished the rule against perpetuities, allowing true perpetual dynasty trusts. SDCL 55-4-51 governs certification of trust, while SDCL Title 47, Chapter 14A provides a comprehensive business trust framework under the South Dakota Business Trust Act. South Dakota was among the first states to allow perpetual trusts and continues to refine its trust legislation through the Governor's Trust Task Force. Directed trusts are authorized under SDCL 55-1B, and the state permits trust decanting and the use of trust protectors. The state's favorable tax environment and strong asset protection laws make it a leading choice for domestic asset protection planning.
Frequently asked questions
Does South Dakota require a certificate of trust to be notarized?
Yes. SDCL 55-4-51 requires the certificate to be signed by a trustee, settlor, grantor, or trustor and acknowledged or verified under oath before a notary public or other official authorized to administer oaths. The notary requirement applies to the certification itself, separate from any recording obligation for real property transactions where the certificate may be recorded in the office of the register of deeds.
What must a South Dakota certificate of trust contain?
SDCL 55-4-51 requires eight categories of information: trust existence and execution date, settlor name, original and current trustees with addresses, applicable trustee powers including the number required to act, irrevocability or revocation status, court supervision details, property description if applicable, and a statement that the trust has not been modified in a manner causing representations to be incorrect. Dispositive terms need not be included.
Can a third party request the complete trust after receiving a certificate?
Under SDCL 55-4-51, a recipient 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. The statute does not authorize a blanket request for the complete instrument when the certificate is incomplete, and the trustee may provide the certificate alone without furnishing the full trust agreement.
Is a certificate of trust the same as a trust declaration in South Dakota?
No. A certificate of trust under SDCL 55-4-51 is a short signed declaration summarizing the trust's existence, trustees, powers, and limitations. A trust declaration or instrument contains the full dispositive and distribution terms. The statute expressly provides that the certificate need not contain dispositive terms and may include excerpts designating the trustee and succession documents for the trust agreement itself.
Execution Requirements
The trust instrument must be signed by the settlor. South Dakota law does not require witnesses for trust execution. The certificate of trust must be acknowledged or verified under oath before a notary public or other official authorized to administer oaths. For real property transactions, the certificate may be recorded in the office of the register of deeds.
Business Trust Treatment
South Dakota has a comprehensive statutory framework for business trusts under SDCL Title 47, Chapter 14A (South Dakota Business Trust Act). Business trusts are treated as separate legal entities with beneficial owners, trustees, and transferable interests. The Act provides for formation, governance, liability of beneficial owners and trustees, mergers, conversions, and dissolutions. Foreign business trusts must register under Chapter 14B.
Favorable Trust Laws
South Dakota is a premier trust jurisdiction with no state income tax, no state estate tax, and no inheritance tax. The state abolished the rule against perpetuities, allowing true perpetual dynasty trusts. It has strong asset protection through Third Party Discretionary Support Trusts (SDCL 55-1-24 through 55-1-43). Directed trusts are authorized under SDCL 55-1B. The state permits trust decanting, trust protectors, and has a Governor's Trust Task Force that meets annually to update trust legislation. Self-settled asset protection trusts are recognized with favorable creditor limitation periods.
Unique Factors
South Dakota is one of the leading trust jurisdictions in the United States. It was among the first states to allow perpetual trusts in the 1980s. The Governor's Trust Task Force meets annually to refine trust laws, keeping South Dakota at the forefront of trust legislation. The state offers true perpetuity, strong directed trust statutes, and comprehensive decanting provisions. South Dakota chartered trust companies benefit from favorable regulatory treatment.