Trustee Signature FAQs:
How to Sign as a Trustee
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How to Sign Documents
as a Trustee FAQs
Can I just sign my name and write “Trustee” after it?
No—not by itself. Writing “Jane Smith, Trustee” without identifying the specific trust you are trustee of is incomplete. There are thousands of trusts in Arizona. Any third party reading the document would not know which trust you represent, or whether the trust you claim to represent actually holds the authority you say it does. You must identify the trust by its full legal name and date. The correct form is: Jane A. Smith, Trustee of the Jane A. Smith Revocable Living Trust dated January 15, 2020.
What if the signature block on the pre-printed form only has a single line for a name?
Pre-printed forms often have inadequate signature blocks. Do not limit yourself to the space provided. You may write or type your full trustee signature block below or adjacent to the printed line, then sign above it. In real estate transactions, I recommend flagging this with the escrow or title officer before closing so they can prepare a corrected or amended signature page. Never simply sign your bare name because the form doesn't have room—the form is your problem to solve, not a reason to sign incorrectly.
Does the trust have to be notarized to be valid when signing documents?
The trust document itself does not need to be notarized for most purposes, but a trustee's signature on a deed transferring real estate must be notarized in Arizona before recording. For contracts that do not get recorded, notarization is generally not required. However, a Certification of Trust that you present to a third party should be signed under oath and notarized to give it the legal weight it is entitled to under A.R.S. § 14-11013.
What is the date I should include in the trust name—the date the trust was signed or the date it was funded?
Use the date the trust document was signed (executed)—not the date assets were transferred into it. The execution date appears on the signature page of the trust document, typically the last page. It is also usually referenced on the first page of the trust in the introductory paragraph: “This Trust Agreement is made this 15th day of January, 2020…”
My LLC's operating agreement says the trust is the manager. Does that affect what I write on contracts?
Yes—it affects it significantly. When the trust is the named manager of the LLC, your signature block must show: (1) the LLC's name; (2) that the LLC is the contracting party; (3) that the trust is the manager of the LLC; and (4) that you—the trustee—are signing for the trust in its capacity as LLC manager. See Examples 5 through 7 above for the correct formats. This layered structure is not unusual in Arizona estate plans, but it must be written out fully to be legally clear.
What happens if I sign incorrectly and then the other party sues?
If you signed personally—without identifying your trustee capacity—the other party may argue the contract is between you personally and them, not between the trust and them. This can expose your personal bank accounts, home, and other assets to a judgment. Courts will look at the totality of the circumstances, including what both parties understood at the time, but there is no guarantee of protection. Signing correctly from the beginning costs you nothing. Fixing a signature problem after the fact is expensive and uncertain.
My spouse died and I am now the sole trustee. How do I sign?
If you were a co-trustee of a joint trust and are now the sole surviving trustee, you typically sign as “Trustee” rather than “Co-Trustee”—because you are now the only trustee. The trust name and date remain the same. You should also have a Certification of Trust prepared that reflects your current status as sole trustee. Many title companies and banks will require a copy of your spouse's death certificate along with the updated Certification before they will transact with you in your sole trustee capacity.
Do I need to sign a new trust document just to update who the trustee is?
No. When a successor trustee steps in due to the original trustee's death or incapacity, no new trust document is required. The succession is governed by the terms of the original trust document. What you should do is prepare and sign a Certification of Trust that identifies you as successor trustee, and gather the supporting documents that third parties will need—such as the death certificate or declaration of incapacity. The trust continues under the same name and date; only the trustee has changed.
Can a trust open a bank account? Who signs the account documents?
Yes—banks regularly open accounts titled in the name of a trust. The trustee opens the account and signs the signature card and account documents. The account title should read something like: “Jane A. Smith, Trustee of the Jane A. Smith Revocable Living Trust dated January 15, 2020.” The bank will typically ask for a Certification of Trust and, for a new account, may want to see the trust document's relevant pages. Once the account is open, the trustee signs checks and authorizations using the full trustee signature format.
What if I want to sign on behalf of both the trust and myself personally on the same document?
You can be both a party in your individual capacity and a party as trustee on the same document—for example, if you are personally guaranteeing a trust obligation. In that case, there will be two separate signature blocks: one for you personally and one for you in your trustee capacity. Both must be signed. A personal guarantee signed alongside a trust signature does not merge the two roles; each signature block stands on its own. Be sure the document clearly distinguishes which signature block carries which capacity.
The Bottom Line
Signing documents as a trustee is not complicated once you know the formula—but the formula must be followed every time. Shortcuts create ambiguity, and ambiguity in legal documents costs money.
The rules are simple:
- Always include your full legal name, your title as trustee, and the full legal name and date of the trust.
- If the LLC is the contracting party and the trust manages it, add the LLC's name and “its Manager” at the end.
- If you are a co-trustee and both of you must sign, both of you must sign—every time.
- If you are a successor trustee, use “Successor Trustee” and have a Certification of Trust ready.
- When in doubt about your authority or the right form, call your estate planning attorney before signing.
If you are a new trustee and you are not sure what your trust says about your powers, or if you have never seen a Certification of Trust and need one prepared, we can help. Call our office or schedule a consultation using the link below.
About the Authors
Richard Keyt (Rick) is an Arizona estate planning and LLC attorney at KEYTLaw, LLC in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has completed more than 1,000 Arizona estate plans. His son and law partner, Richard C. Keyt (Ricky), is an attorney and a former CPA. Together they serve clients throughout Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Gilbert, Glendale, Peoria, Surprise, Chandler, and Queen Creek. See their website at https://www.keytlaw.com and the fee and the 36 documents & services in their estate plan.Disclaimer: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.
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Call or email Richard Keyt, the father
Direct phone: 480-664-7478
Email: [email protected]
Call or email Richard C. Keyt, the son
Direct phone: 480-664-7472
Email: [email protected]