Idaho Certification of Trust and Trustee Appointment

Part of my Idaho Trusts Overview.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against the Idaho Code (Titles 15 and 68) as posted by the Idaho Legislature (July 1, 2026)

In This TopicIdaho TrustsTopic 4 of 14: Certification of Trust

Chapter 1 of Title 68 of the Idaho Code contains several practical trust rules. It says when a court must appoint a new trustee, what happens when one of several trustees leaves, how a trustee is paid when the trust is silent, and how a trustee can prove the trust exists by using a certification of trust instead of handing over the whole trust document (Idaho Code §§ 68-101 through 68-103, 68-114 through 68-119). It also ends the “doctrine of worthier title” in Idaho (Idaho Code § 68-120).

These rules matter to trustees, successor trustees, beneficiaries, and the banks, title companies, and others who do business with a trust. The trustee powers in the same chapter, the Uniform Trustees’ Powers Act (Idaho Code §§ 68-104 through 68-113), are explained on the trustee powers page.

When the District Court Must Appoint a Trustee

Sometimes a trust has no one to run it. Idaho law covers two situations: a trust exists without any appointed trustees, or any or all of the trustees renounce (decline or give up the job), die, or are discharged (Idaho Code § 68-101).

In either situation, the district court of the county where the trust property, or some portion of it, is located “must appoint another trustee” to direct the execution of the trust (§ 68-101). The court may, in its discretion, appoint the original number of trustees or any smaller number (§ 68-101).

Title 15 also has a procedure for court appointment of a trustee or successor trustee and for letters of trusteeship, which are court-issued evidence of a trustee’s authority (Idaho Code § 15-7-403). That procedure is described on the trustee powers page.

When One of Several Trustees Leaves

Some trusts have more than one trustee, called co-trustees. If one of several trustees dies, renounces, or is discharged, the trust “survives to the others” (Idaho Code § 68-102). In plain terms, the trust does not fail, and the remaining trustees carry on.

The Uniform Trustees’ Powers Act says something similar. If one of two or more trustees cannot or will not accept, or stops being a trustee after accepting, the surviving or remaining trustees perform the trust and succeed to all the powers, duties, and discretionary authority given to the trustees jointly (Idaho Code § 68-109(b)).

How a Trustee Is Paid

The trust document, which Idaho Code § 68-103 calls the “declaration of trust,” controls a trustee’s pay when it addresses the subject (Idaho Code § 68-103):

What the trust says about pay	What the trustee receives	Idaho Code
Nothing (silent)	The same compensation as an executor	§ 68-103
A specific amount	The amount specified “and no more”	§ 68-103

Section 68-103 does not set a dollar amount. In Idaho’s probate code, “personal representative” includes an executor (Idaho Code § 15-1-201(35)), and a personal representative is entitled to reasonable compensation for his services (Idaho Code § 15-3-719). The court’s power to review trustee fees is covered on the trustee duties and liabilities page.

What a Certification of Trust Is

A person dealing with a trustee may want proof that the trust exists and what it says. A certification of trust is a short statement a trustee can present to any person “in lieu of” (instead of) a copy of the trust instrument to establish the existence or terms of the trust (Idaho Code § 68-114(1)).

The trustee may present it voluntarily or because the other person asked for it (§ 68-114(1)). As explained below, the certification does not have to reveal who receives the trust property (Idaho Code § 68-116).

Required Form

A certification must be in the form of an affidavit (a sworn written statement). It must be signed and acknowledged by all of the currently acting trustees of the trust (Idaho Code § 68-114(2)).

What It May Contain

A certification of trust may confirm the following facts or contain the following information (Idaho Code § 68-115(1)):

• That the trust exists, and the date any trust instrument was signed (executed).
• The identity of the settlor (the person who created the trust) and each currently acting trustee.
• The trustee’s powers and any restrictions on the trustee in dealing with trust assets.
• Whether the trust is revocable or irrevocable, and who holds any power to revoke it.
• If there is more than one trustee, whether all currently acting trustees must act, or fewer than all may act, to exercise identified powers.
• The trust’s identifying number, and whether it is a social security number or an employer identification number.
• The state or other jurisdiction under whose laws the trust was established.
• The form in which title to trust assets is to be taken.

What It Must Contain

Every certification must contain two statements (Idaho Code § 68-115(2)):

• That the trust has not been revoked or amended in a way that would make any statement in the certification incorrect.
• That the signatures are those of all the currently acting trustees.

Who Gets What Is Not Required

A certification need not contain the trust’s dispositive provisions, meaning the parts that say who receives the trust property (Idaho Code § 68-116). However, the person receiving the certification may require copies of excerpts from the trust instrument that name the trustee or give the trustee power to act in the pending transaction (§ 68-116).

Protection for People Who Rely on a Certification

The law protects people who rely on a certification in good faith. A person who acts in reliance on a certification of trust, without knowing that its statements are incorrect, is not liable to any person for so acting (Idaho Code § 68-117(1)). A person who does not know the facts are incorrect may assume those facts exist without inquiry (§ 68-117(1)).

Knowledge may not be inferred solely from the fact that the person holds a copy of all or part of the trust instrument (§ 68-117(1)).

A transaction between a trustee and a person relying on a certification, and any lien it creates, is fully enforceable against the trust assets. The exception is when the person knows the trustee is acting outside the scope of the trust (Idaho Code § 68-117(2)).

No One Is Required to Accept a Certification

A certification is an option, not a requirement. No person is required to accept and rely solely on a certification instead of a copy of, or excerpts from, the trust instrument itself (Idaho Code § 68-114(1)).

A person’s failure to ask for a certification, or refusal to accept and rely solely on one, may not be considered an improper act. No inference about the person’s good faith may be drawn from it (Idaho Code § 68-118).

Section 68-118 also says it creates no implication that a person is liable for relying on a certification in circumstances where the requirements of sections 68-114 through 68-119 are not satisfied (§ 68-118).

Separately, the Uniform Trustees’ Powers Act protects third persons who deal with a trustee without actual knowledge that the trustee is exceeding or improperly exercising his powers (Idaho Code § 68-110). See the trustee powers page.

Which Trusts These Rules Cover

Sections 68-114 through 68-120 apply to all trusts, whether established under Idaho law or under the law of another state or jurisdiction (Idaho Code § 68-119). So a trustee of an out-of-state trust may also use a certification of trust under these rules.

The Doctrine of Worthier Title Does Not Apply

Idaho law states that the “doctrine of worthier title” shall not be applied as a rule of law or as a rule of construction (Idaho Code § 68-120).

The practical effect is spelled out in the statute. If a trust or other governing instrument describes the beneficiaries as the transferor’s heirs, heirs at law, next of kin, distributees, relatives, or family, or uses similar language, that wording does not create, or presumptively create, a reversionary interest in the transferor (§ 68-120). A reversionary interest is a right for the property to come back to the person who transferred it.

Quick Reference

Topic	Rule	Idaho Code
No trustee, or trustees renounce, die, or are discharged	District court of the county where trust property is located must appoint another trustee	§ 68-101
One of several trustees leaves	Trust survives to the others	§ 68-102
Trust silent on pay	Same compensation as an executor	§ 68-103
Certification form	Affidavit signed and acknowledged by all currently acting trustees	§ 68-114(2)
Required statements	Not revoked or amended to make it incorrect; signatures are all current trustees’	§ 68-115(2)
Good-faith reliance	No liability without knowledge the statements are incorrect	§ 68-117(1)
Refusing a certification	Not an improper act	§ 68-118
Out-of-state trusts	Sections 68-114 through 68-120 apply to all trusts	§ 68-119

How I Can Help

I help trustees and successor trustees prepare certifications of trust, respond when a bank or title company asks for more of the trust document, and ask the district court to appoint a trustee when a trust has none. I also help beneficiaries and trustees sort out compensation questions when the trust is silent. Request a consultation to discuss your situation.

This page provides general information about Idaho trust law, based on the Idaho Code, and is not legal advice. Court rules and case law also affect these matters. Every situation is different; consult an attorney about yours. Reading this page does not create an attorney-client relationship.