Declaration of Trust — Oregon UTC Adopted
State-specific requirements for creating a Declaration of Trust in Oregon.Create yours now →
Certificate of Trust · At a glance
Oregon · summary of the record on file
Or. Rev. Stat. ch. 130 (Oregon Uniform Trust Code, enacted 2005, effective January 1, 2006). Certificate of trust: ORS 130.860 (UTC 1013). Business trust: ORS 128.560 et seq. (Oregon business trust provisions). Rule against perpetuities: ORS 105.950, ORS 105.965.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: Recording not generally required for non-business trust instruments.
- Source URL: https://www.oregonlegislature.gov/bills_laws/ors/ors130.html
- Last verified: 2026-09-17
- Legal review: Not performed
Governing Statute
Or. Rev. Stat. ch. 130 (Oregon Uniform Trust Code, enacted 2005, effective January 1, 2006). Certificate of trust: ORS 130.860 (UTC 1013). Business trust: ORS 128.560 et seq. (Oregon business trust provisions). Rule against perpetuities: ORS 105.950, ORS 105.965.
Execution Requirements
Certification of trust must be signed or otherwise authenticated by ALL the trustees (ORS 130.860(3))—this is stricter than most UTC states which allow any trustee to sign. A person dealing with the trustee may require the certification to also: be executed by one or more settlors, be executed by one or more beneficiaries (if reasonably related to a pending transaction), and be adapted to the person's own standard form (ORS 130.860(7)). No statutory requirement for notary or witnesses on the certification of trust. For trust instruments: Oregon does not require notarization for validity. For business trusts under ORS 128.575: filing with the Office of the Secretary of State is required. Recording not generally required for non-business trust instruments.
Business Trust Treatment
Oregon has specific statutory provisions for business trusts: ORS 128.560 defines a 'business trust' as 'any association, including a real estate investment trust, engaged in or operating a business under a written trust agreement or declaration of trust, the beneficial interest under which is divided into transferable certificates of participation or shares.' ORS 128.565 permits business trusts. ORS 128.575 requires filing with the Secretary of State. ORS 128.580 makes business trusts subject to certain corporate laws. ORS 128.585 addresses personal liability of trustees, shareholders, or beneficiaries. ORS 128.590: filing of trust instrument as conclusive evidence of compliance. ORS 128.595: annual report required. This is a statutory framework, not merely common law—Oregon business trusts are regulated entities that must file with the state and file annual reports. The Oregon UTC (Chapter 130) applies broadly to trusts but business trusts with transferable shares are a distinct category.
Favorable Trust Laws
Oregon has several favorable trust law features: (1) Stewardship trusts: ORS 130.193 creates a special 'stewardship trust' category that, combined with ORS 105.965(1), is exempt from the rule against perpetuities—allowing perpetual trusts if the terms clearly elect this; (2) Oregon has a modified rule against perpetuities (ORS 105.950) with a 90-year wait-and-see rule for general trusts, but stewardship trusts and certain nondonative transfers are excluded; (3) Oregon allows trust decanting under ORS 130.631 et seq.; (4) Oregon allows nonjudicial settlement agreements (ORS 130.045); (5) Oregon does not have a state gift tax. Oregon does have a state income tax on trusts (resident trusts taxed on all income; non-resident on Oregon-source income). Oregon does not have a state estate or inheritance tax. Oregon does not have specific self-settled asset protection trust legislation.
Unique Factors
Oregon is unique because: (1) Oregon's certification of trust statute (ORS 130.860) is more detailed than the standard UTC § 1013 model—it requires disclosure of modification/amendment powers, partial SSN/EIN, AND the governing jurisdiction of the trust, making it one of the most comprehensive certification requirements in the country; (2) Oregon requires ALL trustees to sign the certification of trust (ORS 130.860(3)), unlike most UTC states that allow any single trustee to sign; (3) Oregon's 'stewardship trust' concept (ORS 130.193) is a distinctive Oregon creation—a trust type that can opt out of the rule against perpetuities, providing perpetual trust capability without full abolition of RAP; (4) Oregon has a detailed, separate statutory framework for business trusts (ORS 128.560-128.600) that requires Secretary of State filing, annual reports, and subjects them to certain corporate laws—more regulated than most states' treatment of business trusts; (5) Oregon's UTC was modeled in part on its pre-existing certification of trust statute, which was more robust than the UTC version.
Certification of Trust in Oregon
Under ORS 130.860(2), a certification of trust must contain: (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; (f) the existence or nonexistence of any power to modify or amend the trust and the identity of any person holding such power; (g) the authority of cotrustees to sign/authenticate and whether all or fewer than all are required to exercise trustee powers; (h) the last four digits of the settlor's Social Security number, or the trust's employer identification number; (i) the manner of taking title to trust property; (j) the state, country, or other jurisdiction under the laws of which the trust was established. ORS 130.860(4): must state that the trust has not been revoked, modified, or amended in any manner that would cause representations to be incorrect. Need not contain dispositive terms (ORS 130.860(5)). Oregon's certification of trust is notably more detailed than the standard UTC model—it adds requirements for modification/amendment powers, partial SSN/EIN, and governing jurisdiction.
Already have a trust? You may also need a Certificate of Trust for Oregon to prove its existence to banks and institutions.
How a Declaration of Trust works in Oregon
A declaration of trust in Oregon is the written instrument that creates a trust under Or. Rev. Stat. ch. 130 (Oregon Uniform Trust Code), enacted 2005 and effective January 1, 2006. The settlor states an intent to hold property for named beneficiaries and appoints a trustee to manage it. The trust instrument must be signed by the settlor. Oregon does not require witnesses or notarization for trust validity. The trust becomes active when it is funded: real property moves by a new deed to the trustee, and bank and brokerage accounts are retitled in the name of the trust or trustee. A successor trustee named in the document takes over if the acting trustee steps down, becomes incapacitated, or dies. When proof of the trust is needed, ORS 130.860 lists what a certification of trust may contain. Oregon's certification of trust statute is notably more detailed than the standard UTC model.
Frequently asked questions
Does an Oregon declaration of trust have to be notarized or witnessed?
Under Or. Rev. Stat. ch. 130, the trust instrument does not require witnesses or notarization for validity. Notarization is recommended for practical purposes such as bank acceptance and real estate recording, but it is not a statutory requirement for trust validity. For business trusts under ORS 128.575, filing with the Office of the Secretary of State is required. Recording is not generally required for non-business trust instruments. Oregon does not require registration of trusts with any court.
Can an Oregon trust continue for many generations?
Yes. Oregon has stewardship trusts under ORS 130.193, which combined with ORS 105.965(1), are exempt from the rule against perpetuities, allowing perpetual trusts if the terms clearly elect this. Oregon also has a modified rule against perpetuities under ORS 105.950 with a 90-year wait-and-see rule for general trusts, but stewardship trusts and certain nondonative transfers are excluded. The specific terms of the trust instrument and how the trust is administered still determine what happens in any particular case.
What goes in a certification of trust under ORS 130.860?
ORS 130.860(2) requires the certification to contain: that the trust exists and the date the trust instrument was executed, the identity of the settlor, the identity and address of the currently acting trustee, the powers of the trustee, whether the trust is revocable or irrevocable and the identity of any person holding a power to revoke, whether any power to modify or amend the trust exists and the identity of any person holding such power, the authority of cotrustees to sign or authenticate and whether all or fewer than all
How does Oregon treat business trusts?
Oregon has specific statutory provisions for business trusts under ORS 128.560 et seq. ORS 128.560 defines a business trust as any association, including a real estate investment trust, engaged in or operating a business under a written trust agreement or declaration of trust, the beneficial interest under which is divided into transferable certificates of participation or shares. ORS 128.575 requires filing with the Secretary of State. ORS 128.595 requires annual reports. Oregon business trusts are regulated entities subject to certain corporate laws under ORS 128.580.
Common mistakes
Common issues include assuming Oregon law requires witnesses or notarization for the trust instrument itself (it requires neither, though recording-related steps such as deeds call for notarization), and leaving the trust unfunded so that property never actually moves into it through a new deed or retitled accounts. A notable Oregon-specific pitfall is that ORS 130.860 requires ALL trustees to sign the certification of trust, unlike most UTC states that allow any single trustee to sign. People also overlook the additional disclosure requirements in Oregon's certification, including the modification/amendment powers, partial SSN/EIN, and governing jurisdiction, which make it one of the most comprehensive certification requirements in the country. The stewardship trust election under ORS 130.193 is a distinctive Oregon feature that must be clearly stated in the trust instrument to take effect.
Oregon notes
Oregon operates under Or. Rev. Stat. ch. 130 (Oregon Uniform Trust Code), enacted 2005 and effective January 1, 2006. Certification of trust contents are set by ORS 130.860 (UTC 1013). Oregon's certification of trust statute is more detailed than the standard UTC model, requiring disclosure of modification/amendment powers, partial SSN/EIN, and the governing jurisdiction of the trust. Oregon requires ALL trustees to sign the certification of trust under ORS 130.860(3), unlike most UTC states that allow any single trustee to sign. Oregon has stewardship trusts under ORS 130.193, a distinctive Oregon creation that can opt out of the rule against perpetuities, providing perpetual trust capability. Oregon has a detailed, separate statutory framework for business trusts under ORS 128.560-128.600 that requires Secretary of State filing, annual reports, and subjects them to certain corporate laws. Oregon does not have a state estate or inheritance tax.