Los Angeles trustee guide
Do I Need a Certification of Trust to Sell a Trust House in California?
The short answer
No. California law does not require a certification of trust for every house sale, but a trustee may provide one instead of the full trust instrument to establish the trust’s existence or terms. Title and escrow may request it. (Probate Code section 18100.5)
I’m Justin Borges, a Los Angeles listing agent who handles trust sales. I work alongside the trust’s attorney and do not give legal advice. If you are a trustee or successor trustee, the distinction between the certification and the underlying trust can help you respond to a title request.
Start with the trust paperwork
If you are listing a house held in a trust, I will request the certification from your attorney before the listing.
What is a certification of trust?
A certification of trust is a declaration that conveys selected facts about a trust to someone dealing with its trustee. California Probate Code section 18100.5 permits a trustee to provide it instead of the trust instrument to establish the trust’s existence or terms (Probate Code section 18100.5).
The full trust is the underlying instrument, while the certification is a separate statement about the trust. For a house sale, that distinction matters because the people handling title need a basis for evaluating the transaction, but the trustee may not want to circulate every private instruction in the trust. The certification is separate from the recorded deed.
The statute allows a certification to include excerpts from the trust, amendments and documents designating successor trustees. It does not require the document to include the provisions saying who receives trust property (Probate Code section 18100.5). A short document can therefore address a transaction without reproducing the family’s distribution instructions.
The three documents serve different purposes. The certification states selected trust facts; it does not replace the underlying instrument. The recorded deed identifies the conveyance of the property, while the certification describes the trust and the people acting for it. A trustee gathering the paperwork can locate each document separately.
| Document | Role in the question |
|---|---|
| Certification of trust | States selected facts about the trust and trustee. |
| Trust instrument | Contains the underlying terms the attorney reviews. |
| Recorded deed | Shows how the property was conveyed in the recorded document. |
For the broader paperwork, use the trust sale forms guide and locate the recorded deed.
If you have the recorded deed for the house, I will check its trust name against the certification. See Justin’s probate and trust sale services
Do you need one to sell a trust house?
A certification is commonly used in a California trust sale, but the statute permits its use rather than declaring it mandatory for every sale. A trustee may sign one voluntarily or when a person dealing with the trustee requests it (Probate Code section 18100.5).
The title company and escrow may ask for the certification as they handle a sale. Obtain the specific request from the people handling the transaction and locate the certification.
Section 18100.5 also protects a person who relies on a certification without actual knowledge that its statements are incorrect: the person may assume those statements are true without inquiry. The statute describes enforceability against trust assets when its conditions are met (Probate Code section 18100.5).
Text me about the missing certification and I will request it from your attorney. Text (213) 262-5092
The permission to use a certification does not itself settle what a particular title company will insure. A request can identify the document sought for the transaction. Finding an existing certification and the recorded deed gives the trustee a starting point for responding to that request.
Before listing, gather the existing certification and the trust’s recorded deed if available. If a document is missing or its contents are uncertain, give the specific request to the trust’s attorney.
Probate Code section 18100 also addresses protection for a third person acting in good faith for valuable consideration without actual knowledge that a trustee is exceeding or improperly exercising a power (Probate Code section 18100).
Plan around the paperwork
If the certification is missing, I will review the title request with you as you prepare to list.
What does a certification of trust say?
A certification may state that the trust exists, when it was executed, who the currently acting trustees are, and what powers they hold. Probate Code section 18100.5 also identifies information about how title to trust assets should be taken and a legal description of an interest in real property among the matters the certification may contain (Probate Code section 18100.5).
The trustee’s power to sell is a question about the powers stated for that trust, not a conclusion to draw merely from the document’s title. A certification may state trustee powers.
Look at the stated powers alongside the identity of the acting trustees. The document can also address who has signature authority when more than one trustee is acting. Its legal description concerns an interest in real property, while its title language addresses how trust assets should be held.
| Possible statement | What it addresses |
|---|---|
| Trust existence and execution date | Identifies the trust being described. |
| Acting trustees and their powers | Identifies the people acting and powers stated for them. |
| How title should be taken | Addresses the form of title to trust assets. |
| Legal description | Describes an interest in real property held in the trust. |
The statute also lists the settlor’s identity, the acting trustees’ addresses, revocability, the trust identification number and signature authority when there are multiple trustees. Compare the names and property description with the recorded deed and flag any difference for the professional handling the request.
If the certification names multiple trustees, I will read the title officer's request list with you. See Justin’s probate and trust sale services
The certification must state that the trust has not been revoked, modified or amended in a way that makes the statements in it incorrect (Probate Code section 18100.5).
Probate Code section 16226 describes a statutory trustee power to dispose of property, including by private sale (Probate Code section 16226).
Who prepares and signs it?
The trustee arranges the certification, and all currently acting trustees must sign the acknowledged declaration under California Probate Code section 18100.5 (Probate Code section 18100.5). The listing agent does not sign it in place of the trustee.
The trust’s attorney can prepare or review the declaration against the trust and its amendments. If you have an existing certification, provide it for review rather than assuming that an older statement still reflects the acting trustees or the present terms.
When more than one trustee is acting, distinguish signing the certification from signing a particular transaction. The statute requires all currently acting trustees to sign the certification, while it permits the certification to state whether all or fewer trustees have authority to sign for the trust. Those are separate questions, and neither should be settled by reading a name on an old deed alone (Probate Code section 18100.5).
The signature rule applies to the certification itself. A statement about authority to sign for the trust addresses a different question about a transaction. An existing certification should reflect the currently acting trustees and the present terms of the trust.
An acknowledged declaration involves notarization. Arrange notarization for the currently acting trustees’ signatures.
Text me the trustees' paperwork dates and I will build a listing timeline around them. Text (213) 262-5092
What if the title company asks for more?
If the title company asks for more than the certification, get the request in writing and send it to the trust’s attorney for review.
California Probate Code section 18100.5 allows a person whose interest is affected to request excerpts showing the trustee’s powers. The certification may include trust excerpts, amendments and documents designating successor trustees, while the statute does not require disclosure of the whole trust or its dispositive provisions (Probate Code section 18100.5). A request for a specific excerpt is therefore different from a request for the entire instrument.
If title requests additional trust paperwork, I will review the request with you. See Justin’s probate and trust sale services
The statute also addresses demands for trust documents made in addition to a certification. Outside beneficiaries and litigation, a person making such a demand may be liable for damages, including attorney’s fees, if a court finds the demand was not made in good faith (Probate Code section 18100.5).
A written request helps distinguish the particular excerpt sought from the entire trust instrument. The response can be kept with that request, so the trustee and title contact can see what was provided.
Keep the written request with the response so the trustee and title contact can see what was provided. If recording is proposed, section 18100.5 permits a certification relating to real property to be recorded in the county where the property is located; recording makes it a public record and is not required by that section when title is transferred (Probate Code section 18100.5).
For the house held in the trust, I will review the listing plan alongside the paperwork dates. Text (213) 262-5092
Frequently asked questions
Does a certification reveal who inherits the house?
No. The certification does not have to include the trust provisions that say who receives trust property. It can convey selected information relevant to a person dealing with the trustee.
Can an old certification still be used?
Possibly, but the document must accurately reflect the trust. The statutory declaration states that the trust has not been revoked, modified or amended in a way that makes its statements incorrect. An older copy is useful to locate, but its age alone does not establish that its statements remain accurate.
If the older certification is the only copy you have, I will review the listing plan with you. See Justin’s probate and trust sale services
What if the trustee has died?
The successor trustee's status depends on the trust and relevant documents. All currently acting trustees must sign the certification as an acknowledged declaration; the listing agent cannot sign in their place.
Is the certification the same as the deed?
No. The certification states selected facts about the trust and trustee; the recorded deed is a separate property document. Having both available lets the people handling the transaction examine the stated trust information alongside the ownership name shown in the recorded conveyance.
Must the certification be recorded in Los Angeles County?
No. Probate Code section 18100.5 permits recording a certification concerning real property in the county where the property is located, but does not require recording when title is transferred. A recorded certification becomes a public record, so consider the information it contains before recording.
Can escrow request an excerpt of the trust?
Yes. A person whose interest is affected may request excerpts showing the trustee's powers under Probate Code section 18100.5. An excerpt is different from the complete trust.
Text me if escrow asks for a trust excerpt and I will send you a listing update. Text (213) 262-5092
Price the trust house
For your potential trust house sale, I will price the house using current Los Angeles sales.
Sources
- California Probate Code section 18100.5, California Probate Code (california.public.law). Checked November 11, 2026.
- California Probate Code section 18100, California Probate Code (california.public.law). Checked November 11, 2026.
- California Probate Code section 16226, California Probate Code (california.public.law). Checked November 11, 2026.
About the author
Justin Borges
REALTOR® | CA DRE #01940318
Justin writes LA Metro Home Finder’s guides to 30+ communities across the San Gabriel Valley, Northeast LA, and greater Los Angeles, and has closed $200M+ in career sales with a 106% average list-to-sale ratio.
Justin has held an active California DRE salesperson license since October 2013. View Justin’s author profile.
This guide is educational and is not legal, tax, title, lending, or insurance advice. Contract forms, statutes, and lender rules change. Confirm the terms that apply to your sale with your escrow officer, title officer, lender, or a California real estate attorney.
