Michigan Trust Certification: The Document Banks Actually Accept (MCL 700.7913)

You have a revocable living trust and you finally sat down to fund it. You walk into your bank and ask them to retitle your checking account into the name of the trust. The banker asks for "the trust." You slide over a 40-page trust document with your family's private inheritance plan on every page. The banker skims it, calls someone, hands it back, and asks for a "certification of trust" instead. Now what? Michigan's Certificate of Trust under MCL 700.7913 is the two-to-three-page document that proves your trust exists and shows the trustee's authority WITHOUT revealing beneficiaries, distribution schedules, or family details. Most Michigan trust owners have never heard of it. This guide explains exactly what goes in it, provides a copy-paste template, and shows you what to do when a bank still refuses it.

The 30-Second Answer

A Michigan Certificate of Trust is a signed, notarized affidavit that summarizes the essential facts about your trust: its name, date, current trustee, trustee powers, and revocability. Under MCL 700.7913, a person dealing with a trustee "may require" a certificate of trust and (usually) may NOT require the full trust document. Any Michigan trustee can draft one in about 20 minutes using the template below. It fits on 2-3 pages. Notarize it, give the bank the notarized copy, keep the original. If the bank still insists on the full trust, cite MCL 700.7913(6) -- they can be liable for damages if they refuse.

What a Certificate of Trust Actually Is

A certificate of trust (sometimes called an "affidavit of trust" or a "trust certification") is a short summary document that a trustee can use in place of the full trust when interacting with banks, brokerages, title companies, real estate agents, and other third parties. Its entire purpose is privacy: you should not have to reveal your family's inheritance plan to open a checking account.

The concept was standardized by the Uniform Trust Code and adopted into Michigan law when the Michigan Trust Code took effect in 2010. Since then, every Michigan bank and title company is required to accept a properly-executed certificate of trust in lieu of the full document -- with narrow exceptions we cover below.

Per the analysis at Legal Clarity's Michigan trust recording guide: "A certificate of trust is a short-form document that confirms a trust exists and verifies the trustee's authority without revealing the full trust agreement."

The 6 Things MCL 700.7913 Requires

Under MCL 700.7913(1), a valid Michigan certification of trust must include:

1. The name of the trust exactly as it appears in the trust document (e.g., "The John A. Doe Revocable Living Trust")
2. The date the trust was created (or the date of the most recent restatement)
3. The name and address of the currently acting trustee (or trustees, if more than one)
4. The powers of the trustee relevant to the transaction at hand (typically: sell, buy, borrow, invest, sign contracts, execute deeds)
5. The revocability status of the trust and who has power to revoke
6. Whether co-trustees must all act jointly or may act individually

The certificate must be signed by the trustee (or co-trustees) as an affidavit and must state that nothing has changed since the certification was prepared that would make the information inaccurate. Notarization is strongly recommended -- and, in practice, universally required by banks.

What You Do NOT Include

The whole point of the certificate is not to expose sensitive information. MCL 700.7913(2) explicitly says the certificate does NOT need to contain the "dispositive terms" of the trust -- meaning the provisions about who gets what, when, and under what conditions. Specifically, do NOT include:

• Beneficiary names
• Percentages, dollar amounts, or specific bequests
• Distribution schedules or ages of distribution
• Family history, spousal provisions, or blended-family arrangements
• Special instructions for specific assets
• Amendment history (except confirming the trust "has not been revoked or amended")
• Provisions for beneficiaries who are disabled, minor, or in specific circumstances

If a bank teller asks for any of these -- either verbally or in writing -- politely decline and cite MCL 700.7913. The statute exists precisely to protect this information.

When You Actually Need One

Any time a third party needs to verify that a trust exists and that the trustee has authority to act. Common Michigan use cases:

• Opening a bank account in the name of the trust (checking, savings, money market)
• Retitling an existing bank account into the trust's name
• Opening or retitling a brokerage account (Fidelity, Schwab, Vanguard all accept Michigan certificates)
• Selling real estate held in the trust -- title companies routinely require one
• Buying real estate for the trust -- so the deed can be recorded in the trust's name
• Refinancing a mortgage on real estate held in the trust
• Signing a lease for property held in the trust
• Applying for a business loan if the trust owns business interests

Notably, you generally do NOT need a certificate for internal trust actions -- distributing funds to a beneficiary, filing a trust tax return, or amending the trust yourself (see our Michigan trust amendment guide). The certificate is only for external third parties.

Copy-Paste Michigan Certificate of Trust

Here is the standard structure Michigan attorneys use. Adapt to your specific trust:

That is a fully MCL 700.7913-compliant Michigan certificate of trust. Total drafting time: 20 minutes. Sign in front of a notary at any bank, UPS Store, AAA branch, or Michigan Secretary of State office.

What to Do When a Bank Rejects It

Even in 2026, some Michigan bank tellers and branch managers still ask for the full trust document despite state law. Here is the escalation path:

1. Politely but firmly cite the statute. "Under Michigan law -- specifically MCL 700.7913 -- a Certificate of Trust is sufficient to prove the trustee's authority. The bank is not required to receive the full trust and is protected from liability when relying on the certificate."
2. Ask to speak to the branch manager. Front-line tellers often do not know the statute. Managers usually do.
3. Point to MCL 700.7913(6). The statute says a person who "refuses to accept a certification of trust" and demands the full trust "may be liable for damages, including attorneys' fees, incurred as a result of the refusal." Michigan banks avoid this liability.
4. Escalate to bank counsel. If the branch manager still refuses, ask them to send it up the chain to bank legal. Most bank legal departments will approve the certificate within a business day.
5. Change banks. If a bank still refuses -- rare in 2026 but occurs -- the fastest resolution is to open the account at a different bank. Michigan credit unions (Michigan Schools & Government Credit Union, Genisys, Lake Trust) are typically the most cooperative.

Per the analysis at Legal Clarity, "The rare exception to using a certificate involves banks or courts that specifically require review of full trust terms to verify trustee authority for particular transactions" -- but these exceptions are narrow (e.g., trustee borrowing power for a large loan) and rarely encountered in routine account opening.

Recording a Certificate for Real Estate

When trust real estate is sold, refinanced, or transferred, Michigan title companies typically require a certificate of trust recorded at the county Register of Deeds. Under Michigan's Act 133 of 1991 (MCL 565.431 et seq.), you can record either the full trust OR the certificate of trust in the property's chain of title.

Most Michigan trust practitioners record only the certificate. Reasons:

• The certificate is 2-3 pages; the full trust is 30-50 pages. Recording fees are per-page in many counties.
• Once recorded, the document becomes public. Recording the full trust exposes beneficiaries and distribution rules to any interested party.
• The certificate satisfies title-insurance underwriting requirements.

Recording fee at most Michigan Registers of Deeds: $30 flat for a 2-3 page document. See our Lady Bird deed recording guide for the county-level recording mechanics -- they are the same for a certificate of trust.

The Liability Rules (Two-Way Protection)

MCL 700.7913 creates a two-way liability framework:

• Third parties are protected when they rely in good faith on a certificate of trust. Under MCL 700.7913(5), a bank, title company, or other party "who acts in reliance on a certification of trust without knowledge that the representations contained in the certification are incorrect is not liable to any person for so acting." Translation: banks are safe accepting the certificate at face value.
• Trustees can be liable for signing a false or misleading certification. If a trustee certifies "I have full power to sell trust real estate" when the trust actually requires beneficiary consent, and a bank relies on that certification to fund a sale, the trustee can be personally liable to the beneficiaries.
• Refusing parties can be liable. As discussed above, MCL 700.7913(6) exposes banks and other refusing parties to damages and attorneys' fees.

The point of this three-way framework is to make the certificate the default document -- protecting both the trust's privacy and the third party's reliance.

Frequently Asked Questions

Does a Michigan certificate of trust have to be notarized?

Not by statute, but in practice yes. MCL 700.7913 requires it to be "signed as an affidavit," which functionally means notarized. And no Michigan bank will accept an unnotarized certificate.

How often do I need to update or reissue the certificate?

Whenever the underlying facts change: new trustee, name change, restatement, or when a specific transaction requires a fresh certification. Some banks require a certificate dated within 90 days for real estate transactions.

Can a successor trustee sign a certificate for the original trust?

Yes, once the successor trustee has assumed office (either because the original trustee resigned, became incapacitated, or died). The certificate should recite the succession event and identify the successor as the currently acting trustee. Many Michigan banks will additionally ask for a copy of the death certificate or a physician's incapacity statement.

What if my trust has co-trustees?

Both co-trustees typically sign the certificate. The certificate should specify whether they must act jointly or may act individually, per MCL 700.7913(1)(f).

Do I need a new certificate for each bank?

Not strictly necessary -- many Michigan trustees keep a single notarized master certificate and give copies to each institution. But if a specific bank requires a certificate to be under 90 days old, you may need to reissue.

What if I already gave the full trust to my bank -- can I "take it back"?

You can ask the bank to destroy their copy and replace with a certificate, but you cannot legally require them to do so once they have it. The lesson is to always lead with the certificate, not the full trust.

Does the certificate work for a Michigan land contract or business transaction?

Generally yes. Any Michigan third party dealing with the trust may rely on the certificate for the same purposes as a bank. A few specific transactions may require slightly more (e.g., a court appointing the trust as guardian), but routine commercial transactions are covered.

Can I use a Michigan certificate for real estate in another state?

Depends on the other state. Most states have adopted the Uniform Trust Code and honor other states' certificates. But some (California, New York, Florida) require a certificate that meets their own statutory format. If you own real estate in a non-Michigan state, ask a local title company what form they need.

Where can I get a certificate of trust template?

The CreateMIWill Trust Kit ($199) includes a Michigan-specific Certificate of Trust template that satisfies MCL 700.7913 and is pre-formatted for signing and notarization. If you already have a trust drafted elsewhere, the template alone is what you need.

Does the certificate need to be recorded even for a bank account?

No. Recording is only for real estate transactions. Bank and brokerage accounts just need the notarized certificate itself -- they file it in their own records.

Get a Michigan Trust Kit With Built-In Certification

Most Michigan trust owners find out about the Certificate of Trust the hard way -- when a bank teller asks for one and they do not know what it is. The CreateMIWill Trust Kit ($199) ships with the trust document AND a pre-formatted MCL 700.7913 Certificate of Trust template, so you have both in your binder from day one. The Complete Bundle ($349) adds the six-document Will Kit for the belt-and-suspenders Michigan estate plan.