Boston Mobile Notary& Apostille Service

TRUSTS & ESTATES

Certificate of Trust Notary in Massachusetts

A certificate of trust in Massachusetts lets a trustee prove the trust and their authority without handing over the trust itself. We notarize certifications of trust for banks and brokerages, and sworn trustee certificates for the registry of deeds, at your home or office, with the correct oath or acknowledgment.

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CERTIFICATE OF TRUST

The right certificate, properly sworn

For trustees, attorneys and title companies

  • Bank and brokerage certifications
  • Sworn trustee certificates for recording
  • Multiple originals in one visit
  • Apostille for banks abroad
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How we handle a certificate of trust

A certificate of trust is short, but the details matter: which kind of certificate it is, whether it must be sworn, and whether it will be recorded. We confirm all three before the signing.

  1. 1

    We look at the form first

    Send us the certificate, whether it comes from your attorney, your bank or a brokerage. We identify whether it calls for an acknowledgment or a jurat, and whether the certificate has been drafted for Massachusetts.

  2. 2

    We confirm which trustee signs

    Massachusetts allows any trustee to sign a certification of trust, but some institutions want every co-trustee. We confirm what the recipient expects and who will be present.

  3. 3

    We meet the trustee

    At home, at the office or at the bank’s request across Greater Boston. A single certificate is often a short appointment, and same-day visits are frequently available.

  4. 4

    Sworn or acknowledged, as required

    For a certificate signed under the penalties of perjury, we administer the oath and complete a jurat. For an acknowledged certificate, we complete the acknowledgment in the trustee’s capacity. Multiple originals can be signed in one visit.

  5. 5

    Ready for the bank or the registry

    Scans of the completed documents are emailed to you before they ship. You keep the originals, or we send them to your attorney, bank or title company by tracked courier.

Certificate of trust in Massachusetts: two different documents

People use “certificate of trust” for two different Massachusetts documents, and it helps to know which one you are signing.

A certification of trust under M.G.L. c. 203E, § 1013 is what banks, brokerages and insurers usually ask for. It lets a trustee prove the trust exists and who has authority, without handing over the full trust and its private terms. The statute lists what it must state: that the trust exists and the date it was executed; the identity of the settlor; the identity and address of the currently acting trustee; the trustee’s powers; whether the trust is revocable and who may revoke it; the authority of co-trustees to sign and whether all or fewer must act; the trust’s taxpayer identification number; and how title to trust property is held. It must also state that the trust has not been revoked, modified or amended in a way that would make it incorrect. It does not need to include who inherits.

A trustee certificate under M.G.L. c. 184, § 35 is a real estate document. It is executed under the penalties of perjury by a person who appears of record to be a trustee, recorded at the registry of deeds, and used to establish who the trustees or beneficiaries are and what authority the trustees have over trust real estate. A buyer or lender who relies on it in good faith is protected, and when more than one has been recorded, the most recent one controls.

Both are signed by a trustee, but they are not interchangeable. If your bank sent you a form, it is almost always the first kind. If your attorney or a title company is preparing for a sale, mortgage or refinance of trust property, it is often the second.

Situations we handle

These are the certificates we are most often asked to notarize, and how we approach each one.

A certification for a bank or brokerage

A financial institution asks a trustee for a notarized Certification of Trust before it will open, retitle or release an account. We meet the trustee at home or at the office, confirm the form is unsigned and the photo ID is current, and notarize it in one short visit.

A brokerage’s own form

Many brokerages insist on their own certification form, sometimes with a medallion signature guarantee as well. A notary cannot provide a medallion guarantee; we notarize the certification, and the guarantee comes from a financial institution.

A sworn trustee certificate for a refinance

Before a refinance of trust-owned property, the lender’s attorney may require a trustee certificate sworn under the penalties of perjury. We administer the oath and complete the jurat so it can be recorded.

A new certificate after a change of trustee

When a successor trustee steps in, every institution needs a fresh certification naming the new trustee. See successor trustee documents.

A certificate for a bank abroad

Foreign banks holding trust assets may ask for a certification of trust with an apostille. We notarize it and obtain the Massachusetts apostille.

Co-trustees signing separately

When co-trustees live apart, each can sign a counterpart before a notary where they are, if the recipient accepts counterparts.

Your bank asked for a certificate of trust?

Send us the form. We confirm whether it needs an oath or an acknowledgment before we arrive.

Certification of trust or trustee certificate: at a glance

Both are signed by a trustee. They answer different questions for different readers.

Certification of trust (c. 203E, § 1013)Trustee certificate (c. 184, § 35)
Usual readerBanks, brokerages, insurers, other institutionsRegistry of deeds, title examiners, buyers and lenders
PurposeProves the trust exists and the trustee’s authority without disclosing the trustEstablishes trustees, beneficiaries or authority over trust real estate
Who signsAny trusteeA person who appears of record to be a trustee
Form of signatureSigned or otherwise authenticated; usually notarizedExecuted under the penalties of perjury; usually sworn before a notary
Recorded?No, delivered to the institutionYes, at the registry where the property is located
Protection for the recipientA person relying on it without knowing it is incorrect is not liableBinds the trustees and trust estate in favor of a good-faith buyer or other person relying on it

Why a bank may still ask for more

A certification of trust exists so that institutions do not need the whole trust. Under § 1013, a recipient may ask for excerpts of the trust that name the trustee and grant the power to act in the transaction, but a person who demands the full trust instrument in addition to the certification can be liable for damages if a court finds they did not act in good faith.

In practice, institutions vary. Some accept a one-page certification; others want their own form, signed by every trustee, with specific wording about powers. Before the appointment, ask the institution for its form and send it to us, so the right document is signed the first time.

Recorded trustee certificates have their own rules about reuse. The Massachusetts Land Court’s guidelines note that a certificate recorded for one transaction may not be usable for a later transaction unless it permits reliance on the trust’s continued existence. That is a drafting question for your attorney; our part is to make sure the certificate is properly sworn and notarized.

Mistakes that get a certificate of trust rejected

  • An acknowledgment where an oath is required. A certificate signed “under the pains and penalties of perjury” is usually completed with a jurat, so the trustee must swear or affirm before the notary.
  • The wrong trustee signing. If the trustee named in the certificate is not the currently acting trustee, the certificate is incorrect on its face.
  • Out-of-date information. The certificate must state that the trust has not been revoked, modified or amended in a way that makes it incorrect. After an amendment, sign a new one.
  • Names that differ from the account. The trust name and date should match how the account or deed is titled.
  • Signing in advance. Bring the certificate unsigned. The notary must witness the signature or the acknowledgment in person.
  • Expecting a medallion guarantee from a notary. Medallion signature guarantees come from financial institutions, not notaries.
  • Blank fields. A Massachusetts notary may not notarize a signature on a document with blanks to be completed later.

Need several certificates for several institutions?

We notarize multiple originals in a single visit.

What to have ready

  • The unsigned certificate, or the institution’s own form
  • The trust name and date exactly as titled on the account or deed
  • A current government-issued photo ID with a signature for each signing trustee
  • The number of originals each institution needs
  • Your attorney’s or title company’s instructions, if the certificate will be recorded

We are notaries and document specialists, not attorneys. We do not prepare certificates of trust or advise on their contents. If you do not have a certificate yet, your attorney or the institution should provide one.

Related trust services

Frequently asked questions

Does a certificate of trust need to be notarized in Massachusetts?

A certification of trust under c. 203E, § 1013 must be signed or authenticated by a trustee; institutions almost always want it notarized. A trustee certificate under c. 184, § 35 is executed under the penalties of perjury and recorded, so it is typically sworn before a notary.

What is the difference between a certification of trust and a trustee certificate?

A certification of trust proves the trust and the trustee’s authority to banks and other institutions without disclosing the trust. A trustee certificate is recorded at the registry of deeds to establish trustees, beneficiaries or authority over trust real estate.

Can one co-trustee sign the certification of trust?

Massachusetts law allows any trustee to sign a certification of trust. Some institutions still ask for every co-trustee, so check the institution’s requirements before the appointment.

Does a certification of trust have to list the beneficiaries?

No. Massachusetts law does not require the dispositive terms of the trust in a certification, which is one of its main purposes.

My bank wants a copy of the whole trust. Do I have to provide it?

A recipient may ask for excerpts that name the trustee and grant the relevant powers. Whether you must provide more is a question for your attorney. We can certify copies of pages when the institution accepts notary-certified copies.

Can a notary give a medallion signature guarantee?

No. Medallion guarantees are issued by banks and brokerages that participate in a medallion program. We notarize the certification itself.

Can you notarize a certificate of trust the same day?

Often, yes. A single certificate is a short appointment, and same-day visits across Greater Boston are frequently available.

Can a certificate of trust be used in another country?

Yes. A notarized certification of trust can receive a Massachusetts apostille for Hague Convention countries, or be legalized for others, and translated if required.

Do I need a new certificate after amending my trust?

Usually. A certification must state that the trust has not been amended in a way that makes it incorrect, so an amendment that changes trustees or powers calls for a new one.

Need a certificate of trust notarized?

Send us the form and tell us who will be signing.