2006 South Dakota Code - 55-4-47 — Certificate of trustee of testamentary trust relating to real property transaction.

     55-4-47.   Certificate of trustee of testamentary trust relating to real property transaction. A Certificate of a trustee or of trustees of a testamentary trust in support of a real property transaction may be substantially in the following form:

STATE OF SOUTH DAKOTA ) CERTIFICATE OF
COUNTY OF ________________ ) :SS TRUSTEE
________________, being first duly sworn on oath, says that:
1. The ________________ Trust was created by the Last Will and Testament of ________________, Decedent, dated ________________. Decedent died on ________________. Affiant as trustee of the Trust, acquired by instrument or decree dated ________________, filed in the Office of the Register of Deeds, ________________ County, South Dakota, as Document No. __________, an interest in real property in ________________, County, South Dakota, legally described as follows:
__________________________________________________________________________
__________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
(If more space is needed, continue on back or on attachment).
2. The name(s) and address(es) of the trustee(s) empowered by the terms of the decedent's will to act at the time of the execution of this Affidavit are as follows:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
3. The trustee(s) who have executed that certain instrument relating to the real property described above between ________________, as trustee(s) and ________________, dated ________________:
(a) are empowered by the provisions of the trust under decedent's will to sell, convey, pledge, mortgage, lease, or transfer title to any interest in real property held in trust; and
(b) are the requisite number of trustees required by the provisions of the will to execute and deliver such an instrument.
4. The Trust has not terminated and has not been revoked.
- OR -
4. The Trust has terminated (or has been revoked). The execution and delivery of the instrument described in paragraph 3 has been made pursuant to the provisions of the Trust.
5. There has been no amendment to the Trust which limits the power of the trustee(s) to execute and deliver the instrument described in paragraph 3.
6. The Trust is not supervised by any court.
- OR -
6. The Trust is supervised by the ______________ Court of ______________ County. ________ All necessary approval has been obtained from the court for the trustee(s) to execute and deliver the instrument described in paragraph 3.
____________ All necessary approval has been obtained from the court for the trustee(s) to execute and deliver the instrument described in paragraph 3.
7. Affiant does not have actual knowledge of any facts indicating that the Trust is invalid.
___________________________________________, Affiant
Subscribed and sworn to before me
this ______ day of __________, ______.