[GA] How do I use a certificate of trust?
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So there is no way to specifically “certify” a trust in Georgia — there is no statutory form, seal, or special procedure required (Georgia Trust Code Title 53 Chapter 12). If the closing attorney is insisting the original drafting attorney sign something, that may reflect unfamiliarity or a preference, but it isn't a legal requirement.
Trusts are created informally. If the closing attorney truly wants an attorney to prepare or review a certificate of trust, you can hire one to draft or review it.
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I am in need of a certificate of trust for a trust created by my father. He has passed and I am the trustee. Prior to his death there was not a certificate and the closing attorney is asking for one to close on the sale of his home. Am I able to use the one I created if notarized?
I understand the urgency of your situation. Have you already presented the certificate of trust you created to the closing attorney?
No.
Do you have a copy of the trust document that your father created?
Yes.
Is there anything else the estate lawyer should know before I connect you? Rest assured they’ll be able to help with your certificate of trust.
No.
Hello! My name is Michael, and I'm an attorney ready to help. Did the closing attorney explain where you would get this certificate?
Yes, she said to contact the trust attorney that created the trust but he is no longer practicing law.
I'm so sorry about that! Did they say if the certificate needed some sort of notary signature?
No — just said a certificate of trust stating me as the trustee. I gave them a copy of the full trust, but she said they need a certificate, not the full trust.
What state is this in again?
Georgia.
Understood. So you're just wondering what you need to do here, correct?
Yes.
So there is no way to specifically “certify” a trust in Georgia — there is no statutory form, seal, or special procedure required (Georgia Trust Code Title 53 Chapter 12). If the closing attorney is insisting the original drafting attorney sign something, that may reflect unfamiliarity or a preference, but it isn't a legal requirement.
Trusts are created informally. If the closing attorney truly wants an attorney to prepare or review a certificate of trust, you can hire one to draft or review it.
So I need an attorney to draft it?
Legally, no — but in this situation, I recommend it to satisfy the closing attorney and avoid delay.
Thanks.
