A certification of trust in Ohio is a short document, authorized by R.C. 5810.13, that a trustee gives a bank, title company, or other third party instead of the full trust instrument. It confirms that the trust exists and states who the trustee is and what powers the trustee holds, without disclosing the beneficiaries or dispositive terms.

At a glance

A certification of trust lets an Ohio trustee prove authority to a bank or title company without handing over the full trust. Learn what R.C. 5810.13 allows, what the document contains, and who signs it.

What Is a Certification of Trust in Ohio? A certification of trust is a signed summary of a trust that proves a trustee’s authority without revealing the whole trust document.
What Information Does a Certification of Trust Include? Under R.C. 5810.13, a certification of trust may state that the trust exists and the date the trust instrument was executed, the identity of the settlor, the identity and address of the currently acting trustee, and the powers the trustee holds.
Why Do Banks and Title Companies Ask for One? Banks and title companies ask for a certification of trust so they can confirm the trustee’s authority before releasing funds or transferring property.
Can a Third Party Refuse to Accept a Certification of Trust? A third party may not simply refuse a valid certification of trust, but it may ask for more.
Does a Certification of Trust Reveal the Beneficiaries? No.
Who Prepares a Certification of Trust? An attorney usually prepares the certification of trust, and a trustee signs it.

What Is a Certification of Trust in Ohio?

A certification of trust is a signed summary of a trust that proves a trustee’s authority without revealing the whole trust document. R.C. 5810.13 allows a trustee to furnish this certification to a person other than a beneficiary in place of a copy of the trust instrument.

R.C. 5810.13 authorizes the certification of trust. The certification lets a trustee transact business on behalf of the trust. When a trustee needs to open a bank account, sell real estate held by a living trust, or move funds after a grantor’s death, the institution wants proof that the person signing has the power to act. The certification supplies that proof in a form the trustee can hand over freely, because it leaves out the private terms that a full trust document would expose. It confirms that the trust has not been revoked, modified, or amended in a way that would make its statements incorrect.

What Information Does a Certification of Trust Include?

Under R.C. 5810.13, a certification of trust may state that the trust exists and the date the trust instrument was executed, the identity of the settlor, the identity and address of the currently acting trustee, and the powers the trustee holds. It confirms authority while omitting the terms that govern who inherits.

R.C. 5810.13 lists what a certification may contain. The certification may include several specific facts. Beyond the trust’s existence and date and the trustee’s identity and powers, a certification of trust may state whether the trust is revocable and the identity of any person holding a power to revoke it. For a trust with more than one trustee, it may state the authority of cotrustees to sign or otherwise authenticate documents and whether all or fewer than all of the cotrustees must act. The powers described in the certification come straight from the trust, so they line up with the duties a trustee owes in Ohio. A certification of trust need not contain the dispositive terms of the trust, which is what keeps the distribution plan out of view.

Why Do Banks and Title Companies Ask for One?

Banks and title companies ask for a certification of trust so they can confirm the trustee’s authority before releasing funds or transferring property. R.C. 5810.13 protects a person who acts in reliance on the certification, which gives these institutions a safe, standardized way to verify that the trustee can sign.

R.C. 5810.13 protects a good-faith recipient of a certification. Reliance shields the institution from liability. A person who acts in reliance on a certification of trust without knowledge that its statements are incorrect is not liable to any person for doing so and may assume that the trust is as the certification represents. A person who in good faith enters a transaction in reliance on a certification may enforce that transaction as though the representations were correct. This is why a bank or title company will accept a two-page certification rather than read and interpret an entire trust: the statute lets them rely on the trustee’s signed summary. The same document supports trust administration after death, when a successor trustee has to retitle accounts and real estate quickly.

Can a Third Party Refuse to Accept a Certification of Trust?

A third party may not simply refuse a valid certification of trust, but it may ask for more. Under R.C. 5810.13, a recipient may require the trustee to furnish copies of the excerpts from the trust instrument that designate the trustee and confer the power to act in the pending transaction.

R.C. 5810.13 lets a recipient request limited excerpts. Excerpts show authority without exposing the whole trust. The statute allows a recipient to ask for the portions of the trust that show the trustee is who the certification says and holds the power being exercised, rather than the entire instrument. The statute does not limit a person’s right to obtain a copy of the trust instrument in a judicial proceeding concerning the trust, so a full copy can still surface if a dispute reaches court. In an ordinary transaction, though, the certification and any requested excerpts are what a bank or title company relies on, which is what keeps the rest of a living trust private.

Does a Certification of Trust Reveal the Beneficiaries?

No. A certification of trust does not reveal the beneficiaries or how assets are divided. R.C. 5810.13 states that the certification need not contain the dispositive terms of the trust, so the family’s beneficiaries and distribution plan stay private from the bank or title company.

R.C. 5810.13 excludes dispositive terms from the certification. Privacy is the central reason families use it. A full trust instrument names who inherits, in what shares, on what conditions, and when. A certification of trust leaves all of that out and shares only what a third party needs to confirm the trustee’s authority. This privacy is one of the advantages of a trust over a will, since a will filed in probate becomes a public record while a properly funded trust and its certification keep the terms confidential. Families weighing how to set up a living trust in Ohio often cite this confidentiality as a reason to choose a trust.

Who Prepares a Certification of Trust?

An attorney usually prepares the certification of trust, and a trustee signs it. R.C. 5810.13 provides that a certification of trust may be signed or otherwise authenticated by any trustee, so the trustee is the person who executes the document, commonly before a notary.

R.C. 5810.13 allows any trustee to sign the certification. The trustee’s signature carries the document. The attorney who drafted the trust typically prepares the certification at the same time or when a transaction requires it, drawing the trustee’s powers directly from the trust so the summary is accurate. The trustee then signs, often before a notary, because a signed and notarized certification helps a recipient rely on it in good faith and because many institutions ask for notarization by policy. Signing a certification is one of many acts a trustee performs under Ohio law, and it connects to the broader duties a trustee owes in Ohio, including the duty to administer the trust honestly and within the powers the trust grants.

Frequently Asked Questions

Is a certification of trust the same as the trust document?

No. A certification of trust is a short, separate document authorized by R.C. 5810.13 that confirms the trust exists and states who the trustee is and what powers the trustee holds. It does not include the dispositive terms of the trust, so it proves authority without disclosing the full trust instrument.

Does a certification of trust need to be notarized in Ohio?

R.C. 5810.13 allows a certification of trust to be signed or otherwise authenticated by any trustee, and the statute does not require notarization. Even so, many banks and title companies ask for a notarized certification as a matter of policy, so trustees commonly sign before a notary before presenting it.

Can a bank still ask for the full trust in Ohio?

Yes. Under R.C. 5810.13, a recipient may require excerpts of the trust instrument that designate the trustee and confer the power to act in the transaction. The statute does not limit the right to obtain the full trust in a judicial proceeding about the trust, but it does not entitle a bank to the entire trust by default.

Who can sign a certification of trust in Ohio?

Under R.C. 5810.13, any trustee may sign or otherwise authenticate the certification of trust. For a trust with cotrustees, the certification states whether all or fewer than all must act and sign. The attorney who prepared the trust often drafts the certification, but the trustee is the one who executes it.

Does a certification of trust protect the bank that accepts it?

Yes. Under R.C. 5810.13, a person who acts in reliance on a certification of trust without knowledge that its statements are wrong is protected and may assume the trust is as represented. A person who in good faith enters a transaction in reliance may enforce it as though the certification were correct.

Will a certification of trust reveal who the beneficiaries are?

No. R.C. 5810.13 states that a certification of trust need not contain the dispositive terms of the trust. It confirms the trustee’s identity and authority, not who inherits or how assets are divided, which keeps the family’s beneficiaries and distribution plan private from banks and title companies.

Discuss your next step

A trustee should be prepared to explain their authority when a bank or other institution needs it. Before an important transaction, begin gathering the trust records and identifying what the recipient will require. Take the first step by scheduling a complimentary 15-minute Strategy Session with Intake Services, so we can learn what matters to you and discuss the next step.