Certificate of Trust — Tennessee UTC Adopted
State-specific requirements for a Certificate of Trust in Tennessee.Create yours now →
Certificate of Trust · At a glance
Tennessee · summary of the record on file
Tenn. Code Ann. § 35-15-101 et seq. (Tennessee Uniform Trust Code, enacted 2004, effective July 1, 2004). Certificate of trust: § 35-15-1013. Massachusetts/business trust: Tenn. Code Ann. § 48-101-202. Self-settled spendthrift trust: Tennessee Investment Services Act, § 35-16-101 et seq. (effective July 1, 2007).Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: No statutory requirement for notary or witnesses on the certification of trust.
- Witnesses: No statutory requirement for notary or witnesses on the certification of trust.
- Recording: For a Tennessee Investment Services Trust (self-settled spendthrift trust under § 35-16-104): the trust instrument must contain specific statutory notice/registration statements and must be registered with the Tennessee Secretary of State.
- Source URL: https://law.justia.com/codes/tennessee/title-35/chapter-15/part-10/section-35-15-1013/
- Last verified: 2026-09-17
- Legal review: Not performed
Statutory Citation
Tenn. Code Ann. § 35-15-101 et seq. (Tennessee Uniform Trust Code, enacted 2004, effective July 1, 2004). Certificate of trust: § 35-15-1013. Massachusetts/business trust: Tenn. Code Ann. § 48-101-202. Self-settled spendthrift trust: Tennessee Investment Services Act, § 35-16-101 et seq. (effective July 1, 2007).
How a Certificate of Trust works in Tennessee
Certification Requirements
Under Tenn. Code Ann. § 35-15-1013(a), a certification of trust must state: (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; (6) the authority of cotrustees to sign/authenticate and whether all or less than all are required to exercise trustee powers; (7) the trust's taxpayer identification number; (8) the manner of taking title to trust property. Must state that the trust has not been revoked, modified, or amended in a manner that would cause representations to be incorrect. Need not contain dispositive provisions (§ 35-15-1013(b)). The certification of trust may be signed or otherwise authenticated by any trustee. No statutory form—statutory requirements only. Tennessee does not require the trust document to be recorded.
Under Tenn. Code Ann. 35-15-1013, a trustee may present a certification of trust to a third party instead of the full trust instrument. The certification must state that the trust exists and the date the trust instrument was executed, identify the settlor, state the identity and address of the currently acting trustee, describe the trustee powers, state the revocability or irrevocability and the identity of any person holding a power to revoke, describe the authority of cotrustees to sign or authenticate 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 that would cause representations to be incorrect. The certification may be signed or otherwise authenticated by any trustee.
Common mistakes that get certificates rejected
A certification that omits the statement that the trust has not been revoked, modified, or amended in a manner causing the representations to be incorrect falls short of Tenn. Code Ann. 35-15-1013(a). Leaving out the taxpayer identification number or the manner of taking title to trust property also fails the statute. A certification signed by fewer than all currently acting trustees, or one that describes trustee powers that do not match the pending transaction, will not satisfy the statute. In each case the recipient may require the full trust instrument, and an unnecessary request can expose the requester to liability under the statute.
What makes Tennessee different
Tennessee adopted the Tennessee Uniform Trust Code (Tenn. Code Ann. 35-15-101 et seq.) effective July 1, 2004. The state also enacted the Tennessee Investment Services Act (35-16-101 et seq.) effective July 1, 2007, which permits self-settled spendthrift trusts with a two-year look-back period for fraudulent transfers. Tennessee has abolished the rule against perpetuities for trusts under 35-15-902, allowing perpetual dynasty trusts. The state has no state income tax on wages and no state estate or inheritance tax. Tennessee requires Tennessee Investment Services Trusts to register with the Secretary of State under 35-16-104. The state's trust framework is further supported by the Uniform Directed Trust Act and the Uniform Trust Decanting Act, providing comprehensive trust administration and modification options for trustees.
Frequently asked questions
Does Tennessee require a certification of trust to be notarized?
Tenn. Code Ann. 35-15-1013 does not require notarization or witnesses for the certification of trust itself. The certification may be signed or otherwise authenticated by any trustee. However, for trust instruments, Tennessee does not require notarization for a revocable living trust to be valid. Recording is not generally required for trust instruments, though a certificate of trust or affidavit suffices for real property transactions.
What must a Tennessee certification of trust contain?
Tenn. Code Ann. 35-15-1013(a) lists eight required items: trust existence and execution date, settlor identity, acting trustee identity and address, trustee powers, revocability and identity of any person holding a power to revoke, cotrustee signing authority and whether all or less than all are required, the trust's taxpayer identification number, and the manner of taking title. Dispositive provisions need not be included under subsection (b).
Can a bank request the complete trust after I present a Tennessee certification?
Under Tenn. Code Ann. 35-15-1013, a person who asks for the complete trust documents in addition to a valid certification, without cause, may be liable for damages. A request tied to a genuine need is not restricted by that provision. The statute's reliance rules protect third parties who accept a conforming certification in good faith, and where required contents are incomplete, the institution may ask for the full instrument.
How does Tennessee treat Massachusetts business trusts?
Tennessee recognizes Massachusetts trusts by statute under Tenn. Code Ann. 48-101-202(a), which defines a Massachusetts trust as an unincorporated business association created at common law where property is held and managed by trustees for the benefit of holders of transferable certificates. Tennessee is one of the few states that explicitly codifies Massachusetts trust law, providing limited liability for certificate holders comparable to corporate shareholders.
Execution Requirements
Certification of trust may be signed or otherwise authenticated by any trustee. No statutory requirement for notary or witnesses on the certification of trust. For trust instruments: Tennessee does not require notarization for a revocable living trust to be valid. For a Tennessee Investment Services Trust (self-settled spendthrift trust under § 35-16-104): the trust instrument must contain specific statutory notice/registration statements and must be registered with the Tennessee Secretary of State. Recording not generally required for trust instruments. For real property transactions, a certificate of trust or affidavit suffices. Tennessee does not require witnesses for trust execution (unlike wills).
Business Trust Treatment
Tennessee recognizes Massachusetts trusts (business trusts) at common law AND by statute. Tenn. Code Ann. § 48-101-202(a) defines a Massachusetts trust as 'an unincorporated business association created at common law by an instrument under which property is held and managed by trustees for the benefit and profit of such persons as may be or may become the holders of transferable certificates evidencing beneficial interests in the trust estate, the holders of which certificates are entitled to the same limitation of personal liability extended to stockholders of private corporations.' Tennessee is one of the few states that explicitly codifies Massachusetts trust law, providing limited liability for certificate holders comparable to corporate shareholders. Tennessee business trusts are recognized as legal entities for most purposes. Tennessee does not have a comprehensive 'statutory trust act' like Maryland or Delaware, but the Massachusetts trust statute (within Title 48, Corporations and Associations) provides a framework.
Favorable Trust Laws
Tennessee is one of the most favorable trust jurisdictions in the US: (1) The Tennessee Investment Services Act (§ 35-16-101 et seq., effective July 1, 2007) allows self-settled spendthrift trusts (asset protection trusts)—a settlor can create an irrevocable trust for their own benefit with spendthrift protection against creditors, with a 2-year look-back period for fraudulent transfers (shorter than many states); (2) Tennessee has abolished the rule against perpetuities for trusts (§ 35-15-902, effective 2006), allowing perpetual/dynasty trusts; (3) Tennessee has no state income tax on wages and no state estate or inheritance tax—highly favorable for trust situs; (4) Tennessee allows trust decanting (§ 35-15-417); (5) Tennessee allows nonjudicial settlement agreements and trust modification; (6) Tennessee has strong trust protector/trust director provisions; (7) The Tennessee UTC includes modern directed trust provisions. Tennessee is consistently ranked among the top trust jurisdictions (alongside South Dakota, Alaska, Delaware, and Nevada) for asset protection and dynasty trust planning.
Unique Factors
Tennessee is unique because: (1) The Tennessee Investment Services Act (TISA) self-settled spendthrift trust has one of the shortest seasoning/look-back periods (2 years) among asset protection trust states, making it attractive for asset protection; (2) Tennessee has no state income tax AND no state estate/inheritance tax—a rare combination favorable for trust situs (only a few states like Texas, Florida, Washington, and Nevada share this); (3) Tennessee explicitly codifies Massachusetts trust law (§ 48-101-202), providing limited liability for beneficial certificate holders equivalent to corporate shareholders—this is unusual; (4) Tennessee has abolished the rule against perpetuities, allowing true dynasty trusts; (5) Tennessee requires Tennessee Investment Services Trusts to register with the Secretary of State (§ 35-16-104), providing a state-level regulatory framework for asset protection trusts; (6) Tennessee's trust code is frequently amended to remain competitive (e.g., 2023 amendments enhanced the Investment Services Act and decanting provisions); (7) Tennessee combines Southern trust law tradition with modern, competitive trust legislation designed to attract trust business from other states.
Sources & verification
- Tenn. Code Ann. § 35-15-1013 (authoritative mirror)