Certification of Trust
(AZ)

Summary

This template is a certification of trust for a revocable or irrevocable Arizona trust. The certification of trust is authorized under Ariz. Rev. Stat. § 14-11013 and provides trustees with the ability to conduct trust business without presenting the entire trust agreement to a third party. This template includes practical guidance, drafting notes, and alternate and optional clauses. The certification of trust provides basic information about the trust while preserving privacy over its dispositive trust terms. However, Ariz. Rev. Stat. § 14-11013 does not limit the right of a recipient of the certification of trust to require copies of excerpts from the original trust agreement or later amendments that designate the trustee or the powers of the trustee. To avoid demands for excerpts from the original trust agreement, the certification of trust should include full recitations of these provisions from the original agreement. The certification of trust also does not limit the right of a person to obtain a copy of the trust instrument in a judicial proceeding concerning the trust. The certification of trust can provide third parties such as banks and other financial institutions with the following information: that the trust exists and the date it was executed, the identity of the settlor, the identity and address of the acting trustee, the powers of the trustee, whether it is revocable or irrevocable, the authority of co-trustees to sign, whether all or fewer than all are required to sign, and the manner of taking title to trust property. Additionally, the certification of trust must state that the state that the trust has not been revoked, modified or amended in any manner that would cause the representations contained in the certification of trust to be incorrect. Ariz. Rev. Stat. § 14-11013(C). For an exhaustive list of the requirements for a certification of trust in Arizona, see Ariz. Rev. Stat. § 14-11013. For revocable trusts that can be used in Arizona, see Revocable Trust for Single Individual (Basic) (AZ) and Revocable Trust for Individual with Spouse or Partner (Basic) (AZ). For a full listing of key content on creating an estate plan for a married or partnered individual residing in Arizona, see Estate Plan for Individual with Spouse or Partner Resource Kit (AZ). For a full listing of key content on creating an estate plan for a single individual residing in Arizona, see Estate Plan for Single Individual Resource Kit (AZ).