Estate Law Questions? Ask an Estate Lawyer.
I am a surveyor preparing a deed for a transfer or real property in a lot line adjustment. The trust for the property owner receiving trhe property is not recorded. It was my understanding that any trust holding real estate should have been recorded.
Hello,Different contributor here. I am a member of the State Bar of California, and I have comprehensive knowledge of real property and estate law. There is no law that requires the recording of a trust, whether revocable or irrevocable. However, a trustee may record a "certification of trust" with the county, containing an abstract of the material provisions of a trust, as a means of providing constructive notice to the world concerning matters, not just concerning real property, but concerning any trust issue. See Probate Code § 18100.5(c); § 18105. In particular, providing notice of the name of the trustee(s), so that no one other than that person or persons can fraudulently or negligently claim to have trustee powers, is a frequent reason to record a certification -- especially where a trustee has been previously removed for breach of trust.Hope this helps.