[MN] Who must sign a certificate of trust for an irrevocable trust when the original trustee has been replaced?

MN Estate Planning

Seth

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Under Minnesota law, the individuals who must execute a Certificate of Trust are the currently acting trustees, not the settlor. Minnesota has adopted the Uniform Trust Code, and Minn. Stat. § 501C.1013 specifically authorizes a trustee to provide a certificate of trust to confirm the existence of the trust and the trustee’s authority to act on its behalf. The statute contemplates execution by the trustee(s) and allows third parties to rely on the certificate without reviewing the full trust instrument.

Accordingly, your two adult children, as the current trustees, are the proper affiants. They must sign the Certificate of Trust and have their signatures notarized, as the document is used to establish who presently holds legal authority to bind the trust in transactions with banks, title companies, or other third parties.

As the original grantor/settlor, your signature is not required unless you retained powers to act as a trustee or co-trustee. Since you have confirmed that you did not retain trustee authority, including your signature would be unnecessary and could create confusion or raise questions for institutions relying on the certificate

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I downloaded a Certificate of Trust. It covers an irrevocable trust I set up in 1998. At that time, I used a CPA as trustee. In 2008, I made my two adult children the trustees. Do I sign the form as the affiant?

Lexi, Chatbot

Is the original CPA still involved with the trust?

No. My two adult children are now the trustees. Who needs to obtain the notary acknowledgment — me or the two trustees?

Lexi, Chatbot

Have there been any other changes to the trust since 2008?

No.

Seth

That answers my question. Thanks.

Seth

You’re welcome. Enjoy the rest of your day.

Seth

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