In a Sale
What This Means When the House Is Being Sold
Title relies on seeing every amendment that touches who currently serves as trustee or what authority that trustee holds, not just the original trust document. A trust drafted in 1995 and amended twice since, each time changing the successor trustee, requires all three documents to properly establish who can sign today.
Families sometimes produce the original trust confidently while forgetting that an amendment years later changed something material, and a title company that later discovers a missing amendment can unwind confidence in the whole chain of authority. Gathering every amendment before listing, rather than assuming the original document tells the full story, avoids this.
Compare
Not to Be Confused With
- This TermTrust Amendment
- Often Mistaken ForCertification of Trust
- Often Mistaken ForSuccessor Trustee
- Often Mistaken ForCodicil
What Tells Them Apart
A trust amendment changes part of a trust document. A certification of trust is what typically gets produced for title, and it should reflect the trust as amended rather than the original terms. Successor trustee is often what an amendment changes, which is why title wants to see every one. Codicil is the equivalent concept applied to a will rather than a trust.
Questions
Questions People Ask
Does a title company need to see every amendment to a trust?
Generally yes, particularly any amendment touching who serves as trustee or what authority they hold. A certification of trust prepared for a sale should reflect the trust as currently amended, not just its original terms, so gathering every amendment before listing avoids a gap discovered mid-escrow.