Certificate of Trust — Pennsylvania UTC Adopted
State-specific requirements for a Certificate of Trust in Pennsylvania.Create yours now →
Certificate of Trust · At a glance
Pennsylvania · summary of the record on file
20 Pa.C.S. Chapter 77 (Pennsylvania Uniform Trust Act / PUTA, enacted 2006, effective 2007); Certificate of Trust at 20 Pa.C.S. § 7790.3 (UTC § 1013). Business Trusts at 15 Pa.C.S. Chapter 95.Citation text is shown as currently recorded. No source URL is on file for this state.Source URL missing · unverified- Notary: Notarization is not statutorily required for trust validity but is customary and recommended for third-party acceptance.
- Witnesses: No statutory witness requirement for trust execution under PA UTC.
- Recording: For real property transfers into trust, deed must be notarized and recorded in county where property is located.
- 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
20 Pa.C.S. Chapter 77 (Pennsylvania Uniform Trust Act / PUTA, enacted 2006, effective 2007); Certificate of Trust at 20 Pa.C.S. § 7790.3 (UTC § 1013). Business Trusts at 15 Pa.C.S. Chapter 95.
Certification Requirements
Under 20 Pa.C.S. § 7790.3, a certification of trust must contain: (1) trust's existence and date the trust instrument was executed; (2) identity of the settlor; (3) identity and address of the currently acting trustee; (4) powers of the trustee; (5) revocability or irrevocability of the trust and identity of any person holding a power to revoke; (6) authority of cotrustees to sign/authenticate and whether all or less than all are required to exercise powers of the trustee; (7) the trust's taxpayer identification number; (8) the manner of taking title to trust property. Must state trust has not been revoked, modified, or amended in a manner that would cause representations to be incorrect. Need not contain dispositive terms. May be signed or authenticated by any trustee.
Execution Requirements
No statutory witness requirement for trust execution under PA UTC. Notarization is not statutorily required for trust validity but is customary and recommended for third-party acceptance. For real property transfers into trust, deed must be notarized and recorded in county where property is located. Certification of trust itself does not require notarization. PA trust code does not require recording of the trust instrument. Self-settled asset protection trusts are NOT recognized in Pennsylvania.
Business Trust Treatment
Pennsylvania has a comprehensive statutory business trust framework at 15 Pa.C.S. Chapter 95 (enacted 1988, effective Oct 1, 1989). A business trust is a separate legal entity with perpetual existence. The instrument (deed of trust) must be filed with the Department of State. The rule against perpetuities does NOT apply to business trusts under PA law (15 Pa.C.S. § 9503(d)). Codifies and clarifies common law principles applicable to business trusts. Trustees have broad powers including buying, selling, merging. Foreign business trusts recognized.
Favorable Trust Laws
Business trusts exempt from rule against perpetuities; perpetual duration allowed for business trusts. Directed trust provisions (Subchapter H.1). Trust protector provisions (20 Pa.C.S. § 7790.1). However, PA is generally NOT favorable for asset protection — no self-settled asset protection trust statute, weak creditor exemptions. Tenancy by the entireties available for married couples. PA inheritance tax applies.
Unique Factors
Pennsylvania explicitly exempts business trusts from the rule against perpetuities (15 Pa.C.S. § 9503(d)) — one of the few states with express statutory language. PA business trusts are recognized as separate legal entities with perpetual existence. PA's trust code includes trust protector and directed trustee provisions that are more modern than many states. PA does NOT allow self-settled asset protection trusts, making it less favorable for asset protection planning. PA imposes an inheritance tax (not estate tax) which is unique. The PA UTC was enacted in 2006 as the Pennsylvania Uniform Trust Act (PUTA), modeled on UTC but with significant state modifications.