An Affidavit of Trust is commonly used when trustees need to conduct business on behalf of a trust without disclosing the entire trust document. This affidavit serves as evidence of the trust's existence and the trustee's authority to act, particularly in real estate transactions, banking relationships, and investment management. Used throughout the United States, it typically includes basic trust information such as the trust's name, date of creation, trustee powers, and successor trustee provisions. The document must comply with state-specific requirements and generally requires notarization.
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1. Title and Introduction: Formal identification of document as Affidavit of Trust, including state jurisdiction
2. Affiant Information: Identity and capacity of person making the affidavit, including their role in relation to the trust
3. Trust Information: Basic details about the trust including name, date of creation, type of trust, and trust identification details
4. Verification Statements: Core statements confirming trust existence, validity, and current effectiveness
5. Signature Block: Affiant signature, date, and notarization section with required state-specific notary acknowledgment
1. Successor Trustee Information: Details about successor trustees, included when the affidavit needs to establish current or future trustee authority
2. Trust Powers: Specific powers granted by trust, included when needed for particular transactions or authority verification
3. Property Description: Detailed description of trust property, included when affidavit relates to specific property transactions
4. Certificate of Trust: Additional trust certification details, included when required by financial institutions or other third parties
1. Schedule A - Property Description: Detailed description of trust property including legal descriptions, account numbers, or other identifying information
2. Schedule B - Trustee Powers: Comprehensive list of trustee powers as specified in the trust document
3. Exhibit 1 - Trust Extract: Relevant excerpts from trust document proving authority or other pertinent provisions
4. Exhibit 2 - Supporting Documents: Additional documentation supporting trust existence or authority, such as certificates of trust or amendments
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