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Oklahoma - Woods County Memorandum of Trust Form

All Woods County specific forms listed below are included in your immediate download:


Woods County Memorandum of Trust Form Page 1

Memorandum of Trust Form - Woods County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 1/25/2019


Woods County Memorandum of Trust Guide Page 1

Memorandum of Trust Guide - Woods County

Line by line guide explaining every blank on the form.
Included document last updated 2/12/2019


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

Completed Example of the Memorandum of Trust Document - Woods County

Example of a properly completed form for reference.
Included document last updated 2/4/2019


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


Affidavit - Documentary Stamp Tax

Affidavit - Documentary Stamp Tax

If purchase price or exemption number are not stated on the deed, this affidavit must be submitted to determine stamp tax or document exemption.


Documentary Stamp Tax Exemptions

Documentary Stamp Tax Exemptions

This informational document excerpts relevant sections of the statutes and lists Oklahoma's transfer tax exemptions with explanations.


Documentary Stamp Tax Reference

Documentary Stamp Tax Reference

This document answers any questions regarding Oklahoma Documentary Stamp Tax. It also contains a list of statutory exemptions (pp. 3-5).


Homestead Exemption

Homestead Exemption

A homestead exemption is an exemption of $1,000 of the assessed valuation of the homestead property. Homestead exemption is granted to the homeowner who resides in the property on a permanent basis on January 1.


Notary Certificates

Notary Certificates

The supplemental forms in this section can be used as loose certificates by notaries in the state.


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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 the state or local jurisdiction. 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 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 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 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 a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • Are these forms guaranteed to be recordable in Woods County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Woods 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:

  • Woods County

Including:

  • Alva
  • Dacoma
  • Freedom
  • Hopeton
  • Waynoka

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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

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February 16th, 2019

Name: Susan K.

Review: Very helpful; information included on the form explanations about Colorado laws in regards to beneficiary deeds helped us understand the issues involved.

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February 16th, 2019

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Review: Site was super easy to use. After frustrating search for the item I needed I found it here!

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February 16th, 2019

Name: Matthew D.

Review: Fantastic forms easy process couldn't be happier! Thanks

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February 16th, 2019

Name: Lindsay B.

Review: The form was easy to fill out. The only problem I had was on the Notary page I live in a different state than the property and I couldn't change the name of the state or county where the notary had to sign.

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February 16th, 2019

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Review: found this site very easy to use

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February 15th, 2019

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Review: Just what we were looking for. Very easy to fill out. Thanks

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February 14th, 2019

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Review: Fast accurate service

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February 14th, 2019

Name: Barry N.

Review: The form was straight forward and very easy to complete. It took me less than 15 minutes to complete. Make sure you have the "current deed' available' when completing the form.

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February 14th, 2019

Name: Ute P.

Review: Thank you it was hard for me to pull these documents online you been a big help since I am in a different state, quick and awesome.

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February 14th, 2019

Name: Nancy J.

Review: Forms were not to hard to fill out, Will go to Douglas County Oregon Recorders office in a few weeks and hope I filled them out correctly.

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