S.D. Codified Laws § 55-4-51.3

Current through the 2024 Legislative Session

Section 55-4-51.3 - Form of certificate of trust in support of a real property transaction

A certificate of a trustee or of trustees of a trust in support of a real property transaction may be substantially in the following form:

This instrument was prepared by:

____________________

____________________

____________________

(insert name, address and phone number)

CERTIFICATE

OF TRUST

STATE OF SOUTH DAKOTA )

: SS

COUNTY OF)

______________________, being duly sworn under oath, does hereby state as follows:

1. A trust instrument or Will executed on __________ established a trust which is still in existence on the date this Certificate is signed. The current name of the trust, if it has been named, is ___________________________. (Insert n/a if the Trust does not have a name). The name of the trust was/was not changed. If the name of the trust was changed, it was previously known as ___________________________.

2. The name of the settlor, grantor, trustor, testator or testatrix, as the case may be, is

______________________________________________________________________.

3. The name of each original trustee and the name and address of each trustee and each trust protector currently empowered to act under the trust instrument or Will on the date of the execution of this Certificate of Trust is as follows:

______________________________________________________________________

______________________________________________________________________.

4. The person who signs this certificate below certifies that the trust instrument or Will contains the following powers which are given to the trustee, which may or may not be inclusive of all of the powers given to the trustee:

______________________________________________________________________,

______________________________________________________________________,

and further contains the following provisions (optional):

______________________________________________________________________.

The number of trustees required to join in an action by the provisions of the trust instrument or Will is __________.

5. The trust is revocable/irrevocable. ____________________.

If revocable, the trust has not been revoked.

6. The trust is/is not supervised by a court. The following restrictions are currently imposed by the court on the trustee(s) ability to act even though actions so restricted may be permitted by statute or the terms of the trust instrument or Will:

______________________________________________________________________.

7. The Trustee intends to convey the following property owned by the Trust:

______________________________________________________________________.

8. The trust has not been modified or amended in any manner that would cause the representations contained in this Certificate of Trust to be incorrect. The statements contained in this Certificate of Trust are true and correct.

__________

STATE OF SOUTH DAKOTA)

: SS

COUNTY OF)

On this, the _____ day of __________, 20_____, before me, the undersigned officer, personally appeared, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that she/he executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

__________

Notary Public, South Dakota

My Commission expires: __________

SDCL 55-4-51.3

SL 2010, ch 232, §10; SL 2011, ch 212, §16.