An Affidavit of Trust is a legal document used to prove the existence of a trust and discloses certain items included in a trust. The Affidavit of Trust does not reveal any particulars of the trust plan, though. Along with specific pages from the trust, the Affidavit of Trust contains all the information that will be needed for conducting transactions with others.
An Affidavit of Trust is used to avoid the necessity of furnishing a copy of the trust documents to others, but provides the necessary information to confirm the validity of the trust and powers granted to the trust.
In order to keep certain provisions of a trust private, including who gets what after the maker of the trust dies, many attorneys will prepare an Affidavit of Trust for their clients.
An Affidavit of Trust typically contains the following information:
• The creation of the trust
• Trustees involved
• Statement of revocation of the trust
• Successor trustees
• Powers of the trustees
• Signatures of the trustees
• Notary block
The Affidavit of Trust can be recorded in place of the entire trust agreement in the public records of states that require trust documents to be recorded, along with deeds transferring property into trusts.
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