Georgia Certificate of Trust: Proving Your Trust to Banks and Third Parties (O.C.G.A. § 53-12-280)

A Certificate of Trust — also called a Certification of Trust — is a short legal document that summarizes the key terms of a living trust without revealing its confidential details. Governed by O.C.G.A. § 53-12-280 of the Revised Georgia Trust Code, this document allows trustees to prove their authority without handing over the full trust agreement.

What Is a Certificate of Trust Used For?

When you create a living trust, you typically transfer assets such as bank accounts, investment portfolios, or real estate into the trust's name. To manage those assets, the trustee must show financial institutions proof of their authority. Instead of exposing the entire trust document — which lists beneficiaries, distribution details, and other private information — the trustee presents a Certificate of Trust.

Banks, brokerages, title companies, and other third parties rely on the certificate to verify:

• The trust exists and the date it was created
• The identity of the person who created the trust (the settlor)
• Who the currently acting trustees are
• What powers the trustees have to manage assets
• Whether the trust is revocable or irrevocable
• That the trust has not been revoked or amended in a way that affects the representations made

Why Does Georgia Law Require Notarization?

Under O.C.G.A. § 53-12-280, all currently acting trustees must sign the Certificate of Trust. While the statute itself does not explicitly mandate notarization, Georgia courts and financial institutions uniformly require the document to be notarized before they will accept it. The notarization serves several important purposes:

• Identity verification. The notary confirms that each trustee signing the document is who they claim to be, using government-issued photo ID.
• Fraud prevention. A notarized signature on a Certificate of Trust makes it much harder for someone to impersonate a trustee or forge a signature.
• Recording eligibility. If the Certificate of Trust needs to be recorded with the Clerk of Superior Court — for example, when real estate held by the trust is being transferred — Georgia law requires notarization for recording.
• Third-party acceptance. Banks, title companies, and other institutions routinely reject Certificates of Trust that are not notarized, as their internal policies require notarized documentation to limit their liability.

What Information Does a Georgia Certificate of Trust Contain?

Per O.C.G.A. § 53-12-280(b), a Georgia Certificate of Trust typically includes:

• The name of the trust and the date it was created
• The identity of each settlor (the person who created the trust)
• The identity and authority of each currently acting trustee
• The trustees' powers, including any limitations
• Whether the trust is revocable and, if so, who may revoke it
• A statement that the trust has not been revoked or amended in a way that makes any representation in the certificate incorrect

The certificate must be signed by all currently acting trustees and notarized to confirm their signatures.

Where Can I Find the Form?

While there is no single mandated Georgia state form for a Certificate of Trust, you can download a template with instructions from Deeds.com. Many Georgia estate planning attorneys can also prepare one for you as part of your trust package.

Need this document notarized? Find a trusted notary in your area on Notary of Gwinnett.