Florida Certificate of Trust: Contents, Signing, and Recording

A Florida certificate of trust must contain seven specific items under Florida Statutes 736.1017: confirmation the trust exists and its date, the settlor’s identity, the currently acting trustees and their addresses, the trustee powers relevant to the transaction, any powers of direction held by a trust director or protector, whether the trust is revocable or irrevocable, and whether cotrustees must act together or can act separately. The Florida certificate of trust requirements also include a signature from at least one currently acting trustee under penalty of perjury. Everything else about the trust, including who the beneficiaries are and what they receive, stays private.¹

What a Florida Certificate of Trust Is

A certificate of trust is a short document a trustee uses in place of handing over the full trust agreement. Banks, title companies, brokerages, and other third parties often need proof that a trust exists and that the person signing has authority to act for it. The certificate gives them that proof without exposing the trust’s private terms. Florida Statutes 736.1017 authorizes the document and sets out exactly what it has to say.¹

The Seven Required Contents

Missing any one of these gives a bank or title company a reason to reject the document, so treat the list as a checklist.

Trust existence and date. The certificate must state that the trust exists and give the date the trust instrument was signed.
Settlor identity. Name the person who created the trust. This gets overlooked when a certificate is drafted years after the trust itself.
Currently acting trustee. List the name and address of every trustee serving right now. If a successor has taken over, the certificate reflects the successor, not the original trustee.
Trustee powers. Describe the powers relevant to the transaction at hand, such as authority to buy, sell, or mortgage property, or to open and close accounts.
Powers of direction. If the trust uses a trust director or trust protector with authority over certain trustee actions, say so. Identify the current directors, specify which trustee powers are subject to their direction, and state whether they have authorized the pending transaction.
Revocability. State whether the trust can still be amended or revoked, and identify anyone who holds the power to revoke it.
Cotrustee signing authority. If multiple trustees serve together, say whether all of them must sign for a given action or whether fewer than all can act alone.

What You Can Leave Out

The statute specifically allows the certificate to omit the trust’s dispositive terms, meaning the provisions that say who gets what and when. Keeping those out is the entire reason for using a certificate rather than producing the full trust instrument.

Useful Additions the Statute Doesn’t Require

Two items get added to most certificates even though 736.1017 doesn’t demand them. The first is the trust’s taxpayer identification number. During the grantor’s lifetime, a revocable trust usually uses the grantor’s Social Security number. Once the trust becomes irrevocable, it needs its own employer identification number from the IRS. Putting the correct number on the certificate heads off a round of follow-up when opening accounts.

The second is a statement that the trust has not been revoked or amended in any way that contradicts the representations in the certificate. The statute’s accuracy requirement already covers this implicitly, but spelling it out gives third parties extra comfort and reduces requests for more documentation.

Signing and Notarization

At least one currently acting trustee must sign the certificate, and the signature is given under penalty of perjury. The trustee is personally vouching for every statement in the document. Knowingly false information exposes the trustee to civil liability and potential criminal perjury charges.¹

Florida law does not require notarization. In practice, nearly every bank and title company asks for a notarized certificate, and a notarized version carries stronger evidentiary weight if authenticity is ever questioned. Florida caps notary fees at $10 per act, so the cost is minimal. Remote online notarization is available for trust documents if the trustee cannot appear in person; the notary must be commissioned in Florida and follow the state’s RON procedures, including identity verification through knowledge-based authentication or credential analysis.

Draft the certificate’s language so it tracks the trust agreement without copying provisions verbatim. The goal is consistency, not duplication. Vague descriptions of trustee authority or unclear cotrustee signing requirements are where transactions get stuck. For trusts holding high-value real estate or complex portfolios, an attorney review before execution is worth the fee.

Recording for Real Estate Transactions

A certificate of trust does not get filed with any government agency for most purposes. Real estate is the exception. When a trustee is buying, selling, or mortgaging property held in trust, the certificate typically has to be recorded with the clerk of court in the county where the property sits. Recording puts the trustee’s authority into the official property records, which title companies and lenders need before closing.

The document must meet Florida’s standard formatting rules for official records, including margins for stamps and proper indexing information. Counties generally charge $10 for the first page and $8.50 for each additional page.²³ If you record electronically, the certificate must comply with Florida’s Uniform Real Property Electronic Recording Act under Florida Statutes 695.27, which treats electronic documents the same as paper originals.⁴

If the certificate omits something a title company considers material, such as a cotrustee approval requirement or a restriction on selling below market value, the title company will either demand excerpts from the trust agreement or refuse to insure the transaction. The powers-of-direction disclosure matters here too: trusts that use trust directors are common in Florida estate planning, and a certificate that fails to mention them triggers delays.

Updating the Certificate When the Trust Changes

Certificates are snapshots. When trustees change, powers are amended, or a revocable trust becomes irrevocable, the old certificate becomes outdated. A stale certificate that no longer matches the trust agreement creates liability for the trustee and confusion for third parties.

For a revocable trust, the grantor who still holds the power to amend can simply execute a new certificate. It should state that it replaces and supersedes any prior version. If the original was recorded against real property, record the new one in the same county.

Irrevocable trusts are harder to change by design. Modifications generally need the consent of all qualified beneficiaries or a court order under Florida Statutes 736.04113.⁵ If an approved change affects anything in an existing certificate, prepare a new one. To revoke a previously recorded certificate outright, record a formal revocation notice with the county clerk so no one relies on the outdated document.

Successor Trustees

When a successor takes over because the original trustee died, became incapacitated, or resigned, a new certificate of trust is the main tool for proving authority. The new document should reference the trust’s original date and settlor, confirm the predecessor is no longer serving, and give the successor’s full name and address. Institutions often ask for supporting documentation alongside the certificate: a death certificate if the predecessor died, or a physician’s letter or the relevant trust provision if incapacity triggered the change. For trusts holding real property, record the new certificate with the county clerk to update the public records. Skipping that step creates a gap in the chain of authority that title companies will flag at any future sale or refinancing.

What Third Parties Can and Can’t Demand

A recipient of a certificate can ask for excerpts from the trust agreement showing the trustee’s appointment and the powers relevant to the transaction. That is a reasonable request, especially from a title company handling a large deal. What a third party generally cannot demand is access to the dispositive terms, the sections that identify beneficiaries and their shares. Keeping those private is the point of the certificate.¹

Third parties who act in good faith on a properly executed certificate are protected under Florida Statutes 736.1016 and can enforce the resulting transaction against the trust property. If a recipient refuses to accept a valid certificate and the refusal is unreasonable, the trustee may have grounds to recover attorney fees and damages caused by the delay.⁶

1
Florida Senate. Florida Statutes 736.1017 – Certification of Trust
2
Orange County Comptroller, FL. Recording Fees
3
Clerk of the Circuit Court and Comptroller, Palm Beach County. Recording Fees
4
Florida Senate. Florida Code 695.27 – Uniform Real Property Electronic Recording Act
5
Florida Senate. Florida Statutes 736.04113 – Judicial Modification of Irrevocable Trust
6
Florida Senate. Florida Statutes 736.1016 – Protection of Person Dealing With Trustee