In California, a Certification of Trust must be notarized. Probate Code Section 18100.5 requires the document to be “in the form of an acknowledged declaration signed by all currently acting trustees,” and an acknowledged declaration is, by definition, one that has been formally acknowledged before a notary public. The statute never uses the word “notarized,” but the mechanism it requires is notarization under another name.1California Legislative Information. California Code Probate Code 18100.5 – Certification of Trust
Why an Acknowledged Declaration Means Notarization
Under California Civil Code Section 1185, an acknowledgment is a formal identity verification performed by a notary public. The notary examines a government-issued photo ID, confirms the signer is who they claim to be, witnesses the signature, then signs the document and affixes an official seal. That process is what converts a plain signature into an “acknowledged declaration.” You cannot produce a valid Certification of Trust under Section 18100.5 without going through it.
Who Signs and What the Notary Actually Verifies
Every trustee currently serving must sign the certification. If co-trustees are in place, all of them need to appear before the notary. You cannot have one trustee sign on a Tuesday, another sign the following week in front of a different notary, and then combine the pages into a single document.
The notary’s job is narrow. The notary confirms that the people signing are who they say they are. The notary does not verify that the trust exists, that the information in the certification is accurate, or that the trustee genuinely holds the powers described. A notarized Certification of Trust is not a guarantee of accuracy. It confirms the signatures are genuine, nothing more.
What the Notarized Document Has to Say
Section 18100.5 draws a sharp line between what the certification must include and what it may include. Only two statements are mandatory: that the trust has not been changed in any way that would make the information in the certification incorrect, and that all currently acting trustees are signing it.1California Legislative Information. California Code Probate Code 18100.5 – Certification of Trust
Everything else is permitted but not required. That optional category includes the trust’s name and date of creation, the names of the settlors and trustees, the trustee powers relevant to the transaction at hand, whether the trust is revocable and by whom, whether all trustees or fewer must sign for a given transaction, the trust’s tax identification number, how title to assets should be taken, and a legal description of any real property held in the trust.2California Legislative Information. California Code PROB 18100.5 – Certification of Trust
The “may” versus “shall” distinction matters legally, but in practice a certification containing only the two mandatory statements would be useless. Banks and title companies will expect a certification that covers nearly all the optional items before they act on it.
What the certification does not have to include are the dispositive provisions of the trust — the sections spelling out who gets what. That is the whole point of the document. You give a third party enough to verify your authority without disclosing beneficiaries, distribution plans, or asset values.1California Legislative Information. California Code Probate Code 18100.5 – Certification of Trust
Recording the Certification for Real Estate
When the trust holds real property, the signed and notarized certification can be recorded with the county recorder in the county where the property sits. Recording is optional. It creates a public record establishing the trustee’s authority over that specific parcel, which matters when selling, refinancing, or transferring the property. Title companies often want to see a recorded certification before closing.1California Legislative Information. California Code Probate Code 18100.5 – Certification of Trust
If you plan to record, include a legal description of the property in the document. Recording fees vary by county.
What a Properly Notarized Certification Protects
A properly executed certification carries real legal weight. Any person or institution that relies on it without actual knowledge that it contains incorrect information is shielded from liability. A bank that opens an account or a title company that approves a transfer based on your certification is protected as long as it had no reason to know the document was wrong.2California Legislative Information. California Code PROB 18100.5 – Certification of Trust
The statute also cuts the other way. If a third party demands to see the full trust document even though a valid certification already covers the relevant facts, and a court finds that demand was made in bad faith, that party can be held liable for damages including attorney’s fees. The provision exists to stop institutions from reflexively demanding the entire trust agreement and forcing trustees to give up the privacy the certification is designed to protect.1California Legislative Information. California Code Probate Code 18100.5 – Certification of Trust
Can You Notarize a Certification of Trust Remotely?
Not fully, not yet. California authorized remote online notarization through Senate Bill 696, signed in September 2023. The law is rolling out in phases, with some provisions in effect since January 1, 2024, and full implementation expected by January 1, 2030, or whenever the Secretary of State completes the necessary technology infrastructure, whichever comes first.3California Secretary of State. Customer Alerts Once operational, trustees will be able to complete the acknowledgment through an audio-video connection instead of appearing in person. For now, most trustees still need to sign in front of a notary in person.