What it means
Instead of giving a copy of the trust instrument to a person who is not a beneficiary, a trustee may furnish a certification of trust (§ 736.1017(1)). It states that the trust exists and the date the instrument was executed; the settlor; the acting trustee and address; the trustee's powers; whether the trust has powers of direction and who the trust directors are; whether the trust is revocable and who may revoke it; the authority of cotrustees to sign; and the manner of taking title to trust property.
Any trustee may sign it, and it must state that the trust has not been revoked, modified, or amended in a way that makes its representations incorrect. It need not contain the dispositive terms (§ 736.1017(2)-(4)). A recipient may still require excerpts that designate the trustee and confer the power to act in the pending transaction (§ 736.1017(5)).
A person who relies on a certification without knowledge that it is incorrect is not liable and may assume the stated facts without inquiry. A person who in good faith enters a transaction in reliance on it may enforce the transaction against trust property as if the certification were correct (§ 736.1017(6)-(7)). The section does not limit a right to the full instrument when a law or judicial proceeding requires it (§ 736.1017(8)).
- A certification of trust may be furnished instead of a copy of the trust instrument to a person other than a beneficiary (§ 736.1017(1)).
- It must state that the trust has not been revoked, modified, or amended in a way that would make its representations incorrect (§ 736.1017(3)).
- It need not contain the dispositive terms of the trust (§ 736.1017(4)).
- A recipient may require excerpts that designate the trustee and confer the power to act in the pending transaction (§ 736.1017(5)).
- A person acting in reliance without knowledge that the representations are incorrect is not liable (§ 736.1017(6)).
- A person who in good faith enters a transaction in reliance may enforce it against trust property as if the certification were correct (§ 736.1017(7)).
Text of the statute (2026)
(1) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information: (a) The trust exists and the date the trust instrument was executed. (b) The identity of the settlor. (c) The identity and address of the currently acting trustee. (d) The powers of the trustee. (e) Whether the trust contains any powers of direction, and if so, the identity of the current trust directors, the trustee powers subject to a power of direction, and whether the trust directors have directed or authorized the trustee to engage in the proposed transaction for which the certification of trust was issued. (f) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust. (g) The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee. (h) The manner of taking title to trust property.
(2) A certification of trust may be signed or otherwise authenticated by any trustee. (3) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect. (4) A certification of trust need not contain the dispositive terms of a trust.
(5) A recipient of a certification of trust may require the trustee to furnish copies of any excerpts from the original trust instrument and later amendments that designate the trustee and confer upon the trustee the power to act in the pending transaction.
(6) A person 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 and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying on the certification. (7) A person who in good faith enters into a transaction in reliance on a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.
(8) This section does not limit the right of a person to obtain a copy of the trust instrument when required to be furnished by law or in a judicial proceeding concerning the trust.
Excerpts are the subsections the summary relies on. Read the full official text of § 736.1017.
History. s. 10, ch. 2006-217; s. 10, ch. 2021-183.
How it applies
A certification of trust may be furnished in place of the instrument to a person other than a beneficiary. For illustration only, such a recipient could be a financial institution or title company; the text names no recipient. Subsection (1) lists the facts it must contain, and subsection (5) lets the recipient ask for excerpts showing the trustee's authority for the transaction at hand. Florida's digital asset provisions also accept a certification of trust under this section in place of a certified copy of the instrument, but for disclosure of the content of electronic communications the certification must include consent to that disclosure (ss. 740.02(2) and 740.03(2)).
Where this shows up
Pages on this site where § 736.1017 does real work:
- What happens to a bank account when someone dies in Florida
- Probate vs trust administration in Florida: differences, steps and deadlines
- Funding a revocable trust in Florida: deeds, accounts, retirement plans, insurance and what to leave out
- Trust administration after death in Florida: successor trustee duties, notices and deadlines
- The Florida Fiduciary Access to Digital Assets Act
Questions people ask
Sources
- Fla. Stat. § 736.1017, 2026 Florida Statutes (The Florida Senate) (Official text of the section. "A certification of trust need not contain the dispositive terms of a trust.")
- Fla. Stat. § 740.02, 2026 Florida Statutes (The Florida Senate) (Digital asset disclosure to a trustee accepts a certification of trust under s. 736.1017. "or a certification of trust under s. 736.1017, which includes consent to disclosure of the content of electronic communications to the trustee;")
- Fla. Stat. § 740.03, 2026 Florida Statutes (The Florida Senate) (Same acceptance for other digital assets held in trust. "or a certification of trust under s. 736.1017;")
Last checked: October 17, 2026
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