Colorado § 15-5-1013 Certification of trust

Colorado Statutes

§ 15-5-1013 — Certification of trust

Colorado § 15-5-1013

Title 15Probate,

Art.Colorado Uniform Trust Code

This text of Colorado § 15-5-1013 (Certification of trust) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 15-5-1013 (2026).

Text

(1)Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:

(a)That the trust exists and the date the trust instrument was executed;

(b)The identity of the settlor;

(c)The identity and address of the currently acting trustee;

(d)The powers of the trustee in the pending transaction;

(e)The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust;

(f)The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee; and

(g)The name in which title to trust property may be taken.

(2)A certification of tr

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(1) Instead of furnishing a copy of the trust
instrument to a person other than a beneficiary, the trustee may furnish to the
person a certification of trust containing the following information:

(a) That the trust exists and the date the trust instrument was executed;

(b) The identity of the settlor;

(c) The identity and address of the currently acting trustee;

(d) The powers of the trustee in the pending transaction;

(e) The revocability or irrevocability of the trust and the identity of any
person holding a power to revoke the trust;

(f) The authority of cotrustees to sign or otherwise authenticate and whether
all or less than all are required in order to exercise powers of the trustee; and

(g) The name in which title to trust property may be taken.

(2) A certification of trust may be signed or otherwise authenticated by any
trustee.

(3) A certification of trust must state that the trust has not been revoked,
modified, or amended in any manner that would cause the representations
contained in the certification of trust to be incorrect.

(4) A certification of trust need not contain the dispositive terms of a trust.

(5) A recipient of a certification of trust may require the trustee to furnish
copies of those excerpts from the original trust instrument and later amendments
that designate the trustee and confer upon the trustee the power to act in the
pending transaction.

(6) A person who acts in reliance upon a certification of trust without
knowledge that the representations contained therein are incorrect is not liable to
any person for so acting and may assume without inquiry the existence of the facts
contained in the certification. Knowledge of the terms of the trust may not be
inferred solely from the fact that a copy of all or part of the trust instrument is held
by the person relying upon the certification.

(7) A person who in good faith enters into a transaction in reliance upon a
certification of trust may enforce the transaction against the trust property as if the
representations contained in the certification were correct.

(8) A person making a demand for the trust instrument in addition to a
certification of trust or excerpts is liable for costs, expenses, attorney fees, and
damages if the court determines that the person did not act in good faith in
demanding the trust instrument.

(9) This section does not limit the right of a person to obtain a copy of the
trust instrument in a judicial proceeding concerning the trust.