Cherokee County Quitclaim Deed (Trustee Grantor) Form

One signature closes this Oklahoma quitclaim deed, and the person who signs it conveys nothing of their own. The grantor block names a trustee; Section 2 carries the trust's name and the date of the instrument that created it; Section 9 states that the signer acts solely as trustee and not individually, together with the source of the power relied on. Whatever interest the trust holds in the described Oklahoma property passes to the grantee, released rather than warranted, under the quitclaim form Oklahoma writes into 16 O.S. Sections 18 and 41.

Why a fiduciary releases instead of warranting

A deed built on the statutory warranty form of 16 O.S. Section 40 carries the covenants 16 O.S. Section 19 reads into it: an indefeasible fee simple, freedom from encumbrances, quiet possession, and a duty to defend the title. A trustee who signs those words puts the trust estate behind every one of them. Section 41 supplies the alternative in the statute's own words, inserting quitclaim into the granting phrase and leaving the warranty clause out, and Section 18 fixes the reach: all the right, title, and interest of the maker in the premises described. Section 12 then states on the deed's face that no covenant or warranty binds the trustee individually and none binds the trust estate.

The authority line the record carries

Section 9 collects something an ordinary deed never asks for: where the power to convey comes from. Under 60 O.S. Section 175.24(A), absent contrary or limiting provisions in the trust agreement or a later court order, a trustee of an express trust may sell real property at public auction or private sale and may generally execute any deed needed to carry out that power. The trust instrument speaks first, so the blank takes the article or section granting the power to sell, with the statute behind it. Oklahoma adds two presumptions on the record side: under 60 O.S. Section 175.6a a person conveying while purporting to be trustee is presumed to have acted within the scope of that authority, in an action against a bona fide purchaser for value to set the conveyance aside, and 16 O.S. Section 53 attaches rebuttable presumptions to recorded signed documents, trustee authority among them.

One certificate, taken in a capacity

Because a single trustee signs, the document closes with one signature block and one acknowledgment certificate. The by-line takes the signer's name with the representative capacity, in the style Marilyn J. Vroom, as Successor Trustee of a named trust dated a stated day, the content the representative-capacity short form of 49 O.S. Section 119 calls for. No subscribing witness is needed on an Oklahoma deed under 16 O.S. Section 2, while 16 O.S. Section 26 keeps an unacknowledged instrument off the record. A successor trustee deeding a parcel out as a trust winds up, a trustee selling trust land to a buyer who accepts title as the record leaves it, and a trustee returning a parcel to the person who set up the trust present the single-trustee pattern this deed recites. Shoppers looking for a quit claim deed, a quick claim deed, or a deed out of a trust in Oklahoma are reading about this instrument; the statutes spell the word quitclaim.

What the county clerk looks for

Documentary stamp tax attaches under 68 O.S. Section 3201 at seventy-five cents for each $500 of consideration or value, and Section 10 takes the exemption paragraph of 68 O.S. Section 3202 where one applies; Paragraph 4 reaches a deed between a person and an express revocable trust that person or that person's spouse created, and the Tax Commission rule at OAC 710:30-1-9 lists a conveyance without consideration among transfers the tax leaves alone. Section 11 answers 60 O.S. Section 121, the gate standing since November 1, 2023: a covered deed reaches the record only when the party taking title attaches its notarized land ownership affidavit as an exhibit, or when an exemption appears on the deed's face. The pages track 19 O.S. Section 298 as SB57 rewrote it in 2024, a two inch top margin on every page, one inch on the other three sides, and 12 point body type.

The download delivers the trustee-grantor deed as a fillable PDF, a completed example worked through a Garfield County parcel sold by a successor trustee, and a plain language guide covering the thirteen sections, the certificate, and the recording steps. The materials describe Oklahoma law in general terms and are not legal advice.