Cotton County Memorandum of Trust Form (Oklahoma)

All Cotton County specific forms and documents listed below are included in your immediate download package:

Memorandum of Trust Form

Cotton County Memorandum of Trust Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Cotton County compliant document last validated/updated 5/3/2024

Memorandum of Trust Guide

Cotton County Memorandum of Trust Guide

Line by line guide explaining every blank on the form.
Included Cotton County compliant document last validated/updated 5/7/2024

Completed Example of the Memorandum of Trust Form

Cotton County Completed Example of the Memorandum of Trust Form

Example of a properly completed form for reference.
Included Cotton County compliant document last validated/updated 5/20/2024

When using these Memorandum of Trust forms, the subject real estate must be physically located in Cotton County. The executed documents should then be recorded in one of the following offices:

Cotton County Clerk

Courthouse - 301 North Broadway St, Walters, Oklahoma 73572-1271

Hours: 8:00am to 4:00pm M-F

Phone: (580) 875-3026

Local jurisdictions located in Cotton County include:

  • Devol
  • Randlett
  • Temple
  • Walters

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Forms are NOT emailed to you. Immediately after you submit payment, the Cotton County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Cotton County using our eRecording service.
Are these forms guaranteed to be recordable in Cotton County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cotton County including margin requirements, content requirements, font and font size requirements.

Can the Memorandum of Trust forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Cotton County that you need to transfer you would only need to order our forms once for all of your properties in Cotton County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Oklahoma or Cotton County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Cotton County Memorandum of Trust forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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

(Oklahoma MOT Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Cotton County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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Communication is hard. The reps need to be empowered and encouraged to call the customers when necessary. They encourage 300 dpi resolution and under 2 MB PDF file, which is not even possible with our scanner. They made a vague comment about a legal description looking abbreviated but did not explain. They refused to call me. They said the county said "Image is light please darken", but the image looked fine to me. Maybe not their fault, but they refused to help work with the county on that for me. I followed their suggestion though and re-scanned at 300 dpi, but they misunderstood me and did not re-submit it right away. Over 48 hours later, it's still not recorded yet. I hope it will be today.

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February 23rd, 2019

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