Certificate of Incumbency Guide
Everything you need to know about Nevada's certificate of incumbency for trusts and probate property transactions.
What is a Certificate of Incumbency?
A Certificate of Incumbency is an official document that verifies the identity and authority of the current trustee(s) of a trust. This document is essential when a trust holds real estate property and you need to establish who has the legal authority to act on behalf of the trust.
In Nevada, this document is particularly important for property transactions involving trusts, as it provides proof that the person(s) signing documents on behalf of the trust have the legal authority to do so.
Key Purpose
The certificate establishes that the named trustee(s) currently have the legal authority to manage, sell, or transfer trust assets, including real estate property.
When Do You Need a Certificate of Incumbency?
Real Estate Sales
When selling property held in a trust, title companies and buyers require proof that the trustee has authority to sell the property.
Property Transfers
When transferring property into or out of a trust, the certificate confirms who can authorize the transfer.
Refinancing
Lenders require a certificate of incumbency when refinancing trust-held property to verify the trustee's authority.
Probate Proceedings
When a trust is involved in probate proceedings, the court may require a certificate to identify the current trustee.
How to Obtain a Certificate of Incumbency
Step 1: Review Trust Documents
The first step is to review the trust agreement (trust instrument) to identify:
- Current trustee(s) as named in the trust document
- Successor trustees (if applicable)
- Any specific requirements for trustee certification
Step 2: Prepare the Certificate
The certificate typically includes:
- Trust name and date of trust creation
- Current trustee(s) name(s) and contact information
- Statement confirming the trustee's authority
- Notarized signature of the trustee(s)
Step 3: Notarization
The certificate must be notarized to be legally valid. The trustee(s) must sign the document in the presence of a notary public who will verify their identity.
Important Note
While you can prepare a certificate of incumbency yourself, it's highly recommended to work with an experienced probate attorney or trust specialist to ensure the document meets all legal requirements and is properly formatted for your specific transaction.
Common Issues and Solutions
Trustee Has Changed
If the original trustee is deceased or has resigned, you'll need documentation showing the appointment of the successor trustee. This may require court approval depending on the trust terms.
Multiple Trustees
When a trust has multiple trustees, the certificate must list all current trustees. Some trusts require all trustees to sign, while others may allow a majority or specific combination.
Trust Document Not Available
If the original trust document is missing, you may need to obtain a copy from the attorney who created it, or in some cases, petition the court for guidance on trustee authority.
Need Help with Trust Property Transactions?
Dr. Jan Duffy specializes in probate and trust property sales. We can help navigate the documentation requirements for your trust property transaction.
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