2026-10-30 · 4 min read · Orange County
What Is a Certification of Trust and When Will Escrow Ask for One?
The short answer
A certification of trust is a short, signed and notarized statement from the trustee that confirms the trust exists, who the trustee is and what powers the trustee has, without handing over the whole trust. California Probate Code Section 18100.5 allows it. When a trustee sells a home held in a trust, the escrow and title companies usually ask for one early, often along with excerpts of the trust showing the trustee's authority.
What Is a Certification of Trust?
What is a certification of trust, and when will escrow ask for one in Orange County? It's a document that proves a trustee has the authority to act for the trust, and escrow or title will usually ask for it soon after a trust sale opens.
I'm Jeanette Nelson, a REALTOR® with Jeanette Nelson Real Estate, Keller Williams Realty, serving Orange County, Huntington Beach, Costa Mesa, Fountain Valley, and surrounding areas. When I help a family sell a home held in a trust, getting the trust paperwork ready early keeps escrow moving.
California Probate Code Section 18100.5 says a trustee may provide a certification of trust instead of a copy of the trust instrument to prove the trust exists or to show its terms. That keeps private family details, such as who inherits what, out of the hands of people who don't need them.
This article is general information, not legal advice. Please work with an estate planning or trust attorney on your family's trust.
What Goes Into a Certification of Trust?
Section 18100.5 lists what a certification may confirm, including:
- That the trust exists and the date it was signed.
- Who the settlors are, meaning the people who created the trust.
- Who the currently acting trustees are.
- The trustee's powers.
- Whether the trust is revocable, and who can revoke it.
- Signing authority when there's more than one trustee.
- How title to trust assets should be taken.
- The legal description of any real property in the trust.
The statute also says the certification must state that the trust hasn't been revoked, modified or amended in a way that would make it incorrect, and that it's signed by all currently acting trustees. It must be an acknowledged declaration, which in practice means notarized.
When Will Escrow Ask for One?
Usually right at the start. When a home is held in a trust, the title company needs to confirm that the people signing the deed have authority to sell. Expect the request in the first days of escrow, alongside requests for:
- Trust excerpts. Section 18100.5 allows a person dealing with the trustee to ask for copies of the parts of the trust that show who the trustee is and their authority. The trustee doesn't have to provide the sections on who inherits or the entire trust.
- A death certificate, if the original trustee has passed away.
- An affidavit of death of trustee. Probate Code Section 210 lets a person record an affidavit of death in the county where the property is located, with a certified copy of the death record attached. Title companies often want this recorded so the public record shows the successor trustee is now in charge.
Does Escrow Have to Accept It?
Section 18100.5 gives strong protection to people who rely on a certification. Someone who relies on it in good faith, without knowing it's wrong, isn't liable for doing so. The statute also says that, outside of beneficiaries and trust litigation, a person who demands the full trust despite receiving a proper certification and excerpts can be held liable for damages and attorney's fees if a court finds they acted in bad faith.
In practice, title companies commonly use their own certification form. Your trust attorney can review it before you sign.
Can the Certification Be Recorded?
Yes. Section 18100.5 allows a certification relating to real property to be recorded with the county recorder where the property is located. Recording is optional, and once recorded it becomes a public record.
What Else Should a Successor Trustee Have Ready?
A successor trustee has other duties too. For example, Probate Code Section 16061.7 requires a trustee to send a notice to beneficiaries and heirs when a revocable trust becomes irrevocable because a settlor has died. Your attorney will guide that process.
My articles on selling a house in a trust and what a successor trustee has to do cover the bigger picture, and my trust sales page explains how I help families through it.
Let's Start With a Conversation
If you're a successor trustee getting ready to sell a family home, I'd be glad to help you plan the steps alongside your attorney. Let's start with a private planning conversation about your family's goals and timeline. Call or text me at 714.366.8575 | DRE: 01397168, or contact me. Jeanette Nelson is a REALTOR® with Jeanette Nelson Real Estate, Keller Williams Realty, serving Orange County, Huntington Beach, Costa Mesa, Fountain Valley, and surrounding areas.
Frequently asked questions
Do I have to give escrow the whole trust?
Usually not. Probate Code Section 18100.5 lets a trustee provide a certification of trust and excerpts showing their authority instead of the full document.
Does a certification of trust need to be notarized?
The statute calls for an acknowledged declaration, which in practice means it's signed in front of a notary.
Who signs the certification?
All currently acting trustees sign it.
Can I write my own certification of trust?
Title companies often provide their own form. Have your trust attorney review it before you sign.