Certificate of Trust — Minnesota UTC Adopted
State-specific requirements for a Certificate of Trust in Minnesota.Create yours now →
Certificate of Trust · At a glance
Minnesota · summary of the record on file
Minn. Stat. ch. 501C (Minnesota Uniform Trust Code, enacted 2015, effective Jan 1, 2016); Certificate of Trust at Minn. Stat. § 501C.1013Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: Signature of settlor or trustee must be under oath before a notary public or other official authorized to administer oaths (Subd.
- Witnesses: No witness requirement specified.
- Recording: May be recorded in office of county recorder or registrar of titles for registered land (Subd.
- Source URL: none on file
- Last verified: not on record
- Legal review: not performed
source, url, verified_as_of, or last_reviewed fields. Citation should be confirmed against the official state code before relying on it.Statutory Citation
Minn. Stat. ch. 501C (Minnesota Uniform Trust Code, enacted 2015, effective Jan 1, 2016); Certificate of Trust at Minn. Stat. § 501C.1013
Certification Requirements
Under § 501C.1013, the settlor or trustee may execute a certificate of trust setting forth fewer than all provisions. Must include: (1) name of trust if given; (2) date of trust instrument; (3) name and address of each trustee empowered to act; (4) either a standard statement about trustee powers to sell/convey/pledge/mortgage/lease/transfer property (with limitations noted) or info as to trustee powers relevant to purpose; (5) number of trustees required to act; (6) statement whether trust has terminated or instrument revoked. For real property transactions (Subd. 2), must also identify each settlor and each original trustee, and contain the standard authorization statement. Certificate must be on representation that statements are true and correct and no other provisions limit trustee powers.
Execution Requirements
Signature of settlor or trustee must be under oath before a notary public or other official authorized to administer oaths (Subd. 1). No witness requirement specified. May be recorded in office of county recorder or registrar of titles for registered land (Subd. 3). Amendment/revocation only by written instrument; not effective as to a party unless actual notice (Subd. 5).
Business Trust Treatment
Minnesota treats business trusts/Massachusetts trusts under common law principles. The Minnesota Uniform Trust Code (ch. 501C) governs express trusts but does not contain a specific statutory business trust registration framework like Delaware or Nevada. Business trusts operating in Minnesota are generally treated as unincorporated associations or common law trusts, recognized under common law. Minnesota does not have a specific business trust statute comparable to NRS Chapter 88A.
Favorable Trust Laws
Minnesota extended its Rule Against Perpetuities from 90 years to 500 years effective August 1, 2025 (major 2025 legislation), now allowing dynasty trusts. Minnesota also adopted the UTC with modern trust modification and decanting provisions. No state-level estate tax as of 2024 (repealed in 2001). However, Minnesota does not allow self-settled asset protection trusts (DAPTs).
Unique Factors
Minnesota's 2025 extension of the Rule Against Perpetuities to 500 years is a landmark change, making it one of the newest dynasty trust jurisdictions. The certificate of trust statute (501C.1013) is notably detailed for real property transactions, with specific subdivisions addressing real property recording, the role of the county recorder and registrar of titles, and amendment/revocation procedures with actual notice requirements. Minnesota's UTC was enacted in 2015 (effective 2016), making it a relatively recent adopter.