I recently met with a woman from Manhattan whose mother had just passed away. She was named the successor trustee of her mother’s revocable trust—a prudent step her mother had taken years ago. When she went to the bank to consolidate accounts as the new trustee, the branch manager asked for a copy of the trust agreement. The whole thing. She was hesitant, and rightly so. That document contained her mother’s most private wishes: who would inherit, under what conditions, and how much. She was being asked to share her family’s private legacy with a bank employee just to perform her fiduciary duty.
This situation is common. It highlights the tension between a trustee’s duty to act and a family’s need for privacy. The solution is a straightforward but powerful document: the Certification of Trust.
What a Certification of Trust Accomplishes
A Certification of Trust—sometimes called an affidavit or certificate of trust—is a summary of the trust’s key provisions. It gives third parties, like financial institutions or real estate title companies, the essential information they need without revealing the sensitive details of your estate plan.
Think of it as the trust’s official identification card. It proves:
- The trust exists and is valid.
- Who the current trustee is.
- That the trustee has the legal authority to take a specific action, such as opening an account, selling property, or making an investment.
By presenting this certification, a trustee can transact business on behalf of the trust without handing over the entire trust agreement. This is not about hiding anything improper; it’s about maintaining the confidentiality central to any deliberate estate plan. The distribution of your assets, the identity of your beneficiaries, and any specific conditions you’ve placed on inheritances remain private, as they should.
New York Law Protects Your Privacy
This isn’t just a matter of convenience; it’s codified in the law. New York’s Estates, Powers and Trusts Law (EPTL) § 7-A-8.13 provides the legal framework for these certifications. The statute outlines exactly what information a certification must include to be considered valid. It requires the trustee to certify key facts, such as the trust’s date of creation, the identity of the settlor, the current trustee’s name and address, and the relevant trustee powers.
Crucially, the law also protects institutions that rely on the certification. If a bank or other party accepts a certification in good faith without knowledge that it is incorrect, they are generally not liable for doing so. This legal safe harbor gives them the confidence to accept the summary instead of demanding the full document. It’s a deliberate legal design that balances the institution’s need for verification with the family’s right to privacy.
Without this document, a trustee is left in a difficult position. They can refuse to provide the full trust agreement, leading to delays and potential gridlock in administering the estate. Or they can surrender the document, exposing the family’s private financial and personal affairs. The certification provides a clean, legally sanctioned third option. Stewardship.
A Practical Tool for Trust Administration
In our practice, we consider the Certification of Trust a non-negotiable part of any plan involving a trust. It is one of the first documents a successor trustee will need to administer the estate. Whether dealing with a bank in Brooklyn, a brokerage firm, or a real estate transaction, this document simplifies the process.
It empowers the person you chose as the custodian of your legacy. It gives them the tool to do their job efficiently while honoring the privacy you intended. A proper estate plan is not a puzzle for your family to solve. It is a clear path for the transfer of your life’s work. The Certification of Trust is a key part of that path.
If you have a trust or are serving as a trustee, the next prudent step is to confirm a valid Certification of Trust exists. If one does not, it should be prepared. Schedule a call with our firm to discuss drafting this document or to review your estate plan to ensure your trustee is properly equipped for their role.
