In a Sale
What This Means When the House Is Being Sold
A trust document can run sixty pages and still not answer the only question escrow cares about, which is whether the person signing today is the person with authority today. Trustees resign, die, or are replaced by amendment, and the original instrument names someone who may no longer be serving.
The certificate closes that gap. It states who is currently serving and that they hold the power to sell, and it is signed rather than inferred from a stack of paper. Title underwriters vary in what they accept, and some want the trust instrument, the certificate, and the amendments that produced the current trustee, not just one of the three.
The delay this causes is usually clerical rather than legal. A successor trustee took over years ago, nobody produced a document at the time, and now a signature is needed on a deed with a closing date attached. Asking the title company what it requires before listing is a small step that avoids a large one later.
Sequence
Compare
Not to Be Confused With
- This TermCertificate of Incumbency
- Often Mistaken ForCertification of Trust
- Often Mistaken ForSuccessor Trustee
- Often Mistaken ForTrust Amendment
What Tells Them Apart
A certification of trust summarizes the trust's key terms without disclosing the whole document, and is aimed at proving the trust exists and what it permits. A certificate of incumbency is narrower, addressing who is serving right now and whether they can sign. Successor trustee is the role it usually confirms someone holds, and a trust amendment is what may have changed who that is.
Nevada
In Nevada
Title company requirements vary between companies operating in Northern Nevada and there is no single form everyone accepts. Confirming with the specific underwriter before listing is more reliable than reusing paperwork from a prior sale.
Questions
Questions People Ask
What does a title company need to sell a house in a trust?
Usually proof the trust exists, proof of who is currently trustee, and proof that the trustee can sell. That commonly means the trust instrument or a certification of it, any amendments, and a signed statement of who is serving. Requirements vary by underwriter, so the question is worth asking early.
Is a certificate of incumbency the same as a certification of trust?
No, though they overlap and are often requested together. A certification of trust proves the trust and its terms. A certificate of incumbency addresses who holds authority today and can sign. Whether a title company wants one, the other, or both depends on the company.
Who signs a certificate of incumbency for a trust?
The trustee currently serving typically signs it, and it is usually notarized. Where more than one trustee is serving, the trust may require every signature. The attorney who handles the trust can confirm what the document requires before escrow asks for it.