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#570985 - 06/21/06 03:30 PM CA Trust need notarizing?
bankcomply Offline
New Poster
Joined: Jun 2006
Posts: 2
Our bank requires a copy of first and last page of a trust to open a trust account. A customer is claiming it is not CA law to have a trust notarized, is that true?

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#570986 - 06/22/06 09:10 PM Re: CA Trust need notarizing?
Happy Trails Offline
Member
Joined: Jun 2003
Posts: 54
Northern Calif
I agree it would be unusual to see a declaration of trust that was not notarized if it were prepared by an attorney, or at the very least witnessed. Your customer is correct though to the best of my knowledge, California Probate code does not stipulate that the document be notarized. The California Probate code does allow, however, what is called a "Trust Certification" document under probate code 18100.5. That is what most banks and credit unions now use in lieu of furnishing any of the trust doc's. It really provides more information to your bank for the account that you are opening without disclosing terms of the trust to bank personnel. Again, this trust certification does not need to be notarized (often it is if prepared by the attorney) but the language states the customer has completed it truthfully, etc, etc....as an acknowledged declaration.

Hope this helps a bit.

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