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[VA] Does a Virginia irrevocable trust need a notarized certificate of trust to satisfy a California escrow/title company when purchasing real estate through a subsidiary LLC, or can a simple, non-notarized certification be used instead of providing the full trust document?

Hi I'm here to make a Certificate of Trust for an existing Virginia irrevocable trust, so that the trust can purchase real estate in California through its subsidiary LLC.

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Barrister
Barrister

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If you are creating a Certificate of Trust or Affidavit of Trust to verify the existence of a valid irrevocable trust, then yes, you would need to have that signed and notarized by the trustee if the Grantor has already passed away.

And the trustee can sign the Certificate / Affidavit of Trust in any state where they are located. It doesn't have to be in any specific state, it just has to be signed and notarized.

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Hi I'm here to make a Certificate of Trust for an existing Virginia irrevocable trust, so that the trust can purchase real estate in California through its subsidiary LLC.

Lexi

Lexi, Chatbot

I understand that navigating trust and real estate can be complex. Can you please provide some details about the current irrevocable trust and its terms?

The irrevocable trust was created by a revocable trust upon the death of the Grantor.

Lexi

Lexi, Chatbot

Have you already formed the subsidiary LLC in California, or is that still in progress?

The subsidiary LLC is already formed in Virginia as that is where the trust is located.

Lexi

Lexi, Chatbot

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.

That's all for now.

My specific question is, do I need to get it notarized? The escrow/title company in California is asking for this form, which we've never needed before, since the trust owns no real estate. I could send the entire trust document of the revocable trust that became irrevocable upon the death of the grantor, but I'd rather send just a simple certification of trust. The trustee is not currently in Virginia, so getting it notarized in VA would be very difficult.

Send me an email please.

Barrister

Barrister

Hello and welcome to the site! My name is Barrister and I am a licensed attorney and I am here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply as I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.

Barrister

Barrister

If you are creating a Certificate of Trust or Affidavit of Trust to verify the existence of a valid irrevocable trust, then yes, you would need to have that signed and notarized by the trustee if the Grantor has already passed away.

And the trustee can sign the Certificate / Affidavit of Trust in any state where they are located. It doesn't have to be in any specific state, it just has to be signed and notarized.

Barrister

Barrister

Did you have any other questions about this situation I can help with?

Thank you for your advice.

Barrister

Barrister

You are very welcome. Glad I could help. It was my pleasure to work with you and help with your question. If you ever need to reach me in the future, you can post a new question thread on the website with the title "For Barrister" or just add me as a favorite Expert. You'll have the option to do that on your "My Questions" page.
Have a good evening and be safe!
Barrister

Barrister

Barrister

65,716 satisfied customers

Barrister
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