My Account Deeds.com Real Estate Deeds

Oklahoma Memorandum of Trust

In Oklahoma, the memorandum of trust is codified at 60 O.S. 175.6a. Executed by a trustee, the memorandum of trust is a recorded document pertaining to real property acquisitions and transfers by an express private trust.

An express private trust refers to any trust that is "created with the settlor's express intent, usually declared in writing," and is not a business trust [1]. In a trust arrangement, a settlor conveys property to another person (the trustee) to be held for a third (the beneficiary). The trust is administered pursuant to the terms of a written document executed by the settlor. This document, called the trust instrument, designates the trustee and trust beneficiaries and outlines the provisions of the trust and the scope of the trust's assets. In some cases, the trust instrument may be recorded, but it is generally a private document.

In lieu of providing parties outside of the trust arrangement with the full trust instrument, a trustee may provide a memorandum when entering into real property transactions. The memorandum is an abstract of the trust instrument that is recorded when the trust acquires real property or when the trustee is conveying real property held in the trust. The document contains only essential information about the trust, allowing the settlor to keep his estate plans and other information irrelevant to the transaction at hand private. It is similar to a certification of trust (under the Uniform Trust Code), the major difference being that the certification is generally not recorded.

There are differences of opinion among title examiners on when a memorandum is required [2]. Oklahoma Title Standard 15.2 states that when real property is transferred to or by the name of a trustee as trustee of a named express private trust, a memorandum of trust is not required. Where a settlor makes a conveyance to a trust using the trust's name alone as the grantee, the Title Standards require a memorandum of trust (see also 60 O.S. 175.6a) [3].

The memorandum of trust provides the name of the trust and the name and address of each trustee of the trust, as well as the date the trust was created. Because the document pertains to real property, a legal description of the parcel subject to the transaction for which the memorandum is being recorded may be required.

A memorandum of trust is sometimes recorded alongside a conveyance by trustee as part of the deed as evidence of the trust's existence and the trustee's authority (as the trust instrument is generally not a matter of public record). The form should be signed by the trustees of a trust in the presence of a notary public before recording in the county in which the real property is located.

Consult a lawyer with questions about express private trusts and memoranda of trust in Oklahoma.


[1] Black's Law Dictionary, 8th ed.
[2] http://www.jhbpc.com/Estate-Planning-In-Depth/memotrust.htm
[3] http://eppersonlaw.com/wp-content/uploads/2013/05/1-ORIGINAL-2016-TES-HANDBOOK-Final-160111.pdf

Deeds.com Oklahoma Memorandum of Trust Forms Have Been Updated as Recently as Monday March 22, 2021

4.8 out of 5 (2578 Reviews)

What others like you are saying:


Jose G. C. said: It was OK but unfortunately useless. The jurisdictions are now requesting that documents such as Notices of Commencement not only be recorded at their offices, but also certified. This last service is not provided by Deeds, or at least I could not find it in your website and did not receive a response when I asked if you did. Thus, we are going back to traditional means of recording/certifying

Reply from Staff: Thank you for your feedback Jose. We do hope that you find something more suitable to your needs elsewhere. Have a wonderful day.


Bill M. said: PROS: Quick communication. Completed the task expediently. CONS: Deciphering what was being referred to on the website when needing the proper classification wasn't clear. Had to delve through your unfamiliar territory. But managed. OVERALL: Got the job done swiftly and the end result was satisfactory. Will use again.

Reply from Staff: Thank you!


Marilyn S. said: I was fine. But I don't like surveys.

Reply from Staff: Thank you!


Shari W. said: Fast and easy. Great service. Thanks.

Reply from Staff: Thank you!


Jamal . said: So far so good!

Reply from Staff: Thank you!


Alexis B. said: Highly Pleased- Strongly Recommend Deeds.com Long review... sorry:-) Originally I was very skeptical due to the enormous amount of the scams going on now days and the number of online sources that "claim" to provide you with deed forms for free or for a few. Nothing that you need and want done is free. There is always a cost. So luckily I came across deeds.com. This was the only site that appeared to be simple, to the point, and made no crazy promises. So before selecting this site, I did a little more checking around/price checking to ensure I am getting the best price for the product I needed. I even checked Staples and Amazon to find that they do indeed sell these forms but I do not think the products they provide are specific for my state and county. They claim their forms provided are for all states but my state is specific and I prefer to have forms provided by Deeds.com that is based on Indiana statute that Deed.com clearly identifies on each form. Deeds.com price of $20 seemed a little high at first but when I saw the products provided, the $20 cost is more than reasonable and fair. You not only get the deed form specific for my state and my specific "county" but also the other various/supplemental forms that may be required. Being familiar with my state and knowing how tedious and anal my state is on everything, I was pleasantly please to see the info and extra supplemental forms provided. For example, a person new to the State who recently had property deeded to them, would not necessarily know about the Homestead tax exemption provided if property is your primary residents, over 65 exemption etc. I would highly recommend this site for anyone needing these documents because Deeds.com has you covered on any and all forms/info you could ever need! A bonus is that there is one flat fee and not monthly cost that you have to worry about canceling later unless you superficially select a monthly package. I love the fact that Deeds.com is nothing fancy. There is not a bunch of elaborate graphics etc. They only provide what you need and what they provide is very accurate. Deeds.com has a customer for life.

Reply from Staff: Thank you so much Alexis. We appreciate you, have a fantastic day.


Oklahoma Memorandum of Trust Form