What Is aTrust Certification in Florida?

If you have a living trust, you may eventually need to prove to a bank, title company, or other institution that the trust exists and that you have authority to act on its behalf. A trust certification — also called a certification of trust — allows you to do that without handing over the entire trust document.

A trust certification proves the trust exists and identifies who has authority — without revealing its private terms.

What a Trust Certification Contains

A trust certification is a summary document that typically includes the name and date of the trust, the identity of the trustee or trustees, confirmation that the trust is in effect, and a statement that the trustee has the authority to act on the trust's behalf. It does not include the distribution provisions, beneficiary names, or other private terms of the trust.

Under Florida law, institutions that rely on a valid trust certification in good faith are protected from liability — which means most banks and title companies accept it in place of the full trust document.

Why Privacy Matters in Estate Planning

One of the key reasons people create living trusts is privacy. Unlike a will, which becomes a public record when it goes through probate, a trust remains a private document. A trust certification preserves that privacy even when third parties need to verify your authority.

Without a certification, some institutions may ask to see the entire trust document — including provisions you'd rather keep private. Having a properly prepared certification prevents that from being necessary.

When You May Need One

Common situations where a trust certification becomes useful include:

• Opening a bank account in the name of the trust
• Transferring real estate titled in the trust's name
• Refinancing a mortgage on property held in trust
• Working with brokerage accounts or investment firms held by the trust
• Any transaction where a third party needs to verify the trustee's authority

Part of a Complete Trust Package

A trust certification is one of several documents that should accompany a properly drafted living trust. Along with the trust itself, trustees typically need assignment documents, pour-over wills, and other supporting paperwork to make sure the trust actually functions as intended.

If you have an existing trust and aren't sure whether all the supporting documents are in place, an estate planning attorney can review what you have and identify any gaps.