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Oklahoma - Garvin County Memorandum of Trust Forms

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Form Package
Memorandum of Trust
State
Oklahoma
Area
Garvin County
Price
$27.97
Delivery
Immediate Download

Payment Information

Included Forms

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


Garvin County Memorandum of Trust Form Page 1

Memorandum of Trust Form - Garvin County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 5/20/2022

Garvin County Memorandum of Trust Guide Page 1

Memorandum of Trust Guide - Garvin County

Line by line guide explaining every blank on the form.
Included document last updated 9/14/2022

Garvin County Completed Example of the Memorandum of Trust Document Page 1

Completed Example of the Memorandum of Trust Document - Garvin County

Example of a properly completed form for reference.
Included document last updated 8/29/2022

Included Supplemental Documents

The Following Oklahoma and Garvin County supplemental forms are included as a courtesy with your order.


Affidavit - Documentary Stamp Tax (Oklahoma Document)


Documentary Stamp Tax Exemptions (Oklahoma Document)


Documentary Stamp Tax Guide (Oklahoma Document)


Oklahoma Stamp Tax Chart (Oklahoma Document)


Homestead Exemption Application (Oklahoma Document)


Frequently Asked Questions (Oklahoma Document)


Certificate of Acknowledgment - Individual (Oklahoma Document)


Certificate of Acknowledgment - Representative (Oklahoma Document)


Jurat (Oklahoma Document)


Frequently Asked Questions:

  • How long does it take to get my forms?
    • Forms are available immediately after submitting payment.
  • What are supplemental forms?
    • Often when a deed is recorded additional documents are required by Oklahoma or Garvin 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.
  • How do I get my forms, are they emailed?
    • After you submit payment you will see a page listing the Garvin County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our Garvin 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.
  • 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 Garvin County that you need to transfer you would only need to order our forms once for all of your properties in Garvin County.
  • Are these forms guaranteed to be recordable in Garvin County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Garvin County including margin requirements, content requirements, font and font size requirements.
  • 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.
  • 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.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Memorandum of Trust Forms:

  • Garvin County

Including:

  • Elmore City
  • Lindsay
  • Maysville
  • Paoli
  • Pauls Valley
  • Stratford
  • Wynnewood

What is the 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

Our Promise

The documents you receive here will meet, or exceed, the Garvin 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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