Muskogee County Trustee Deed Form (Oklahoma)

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

Trustee Deed Form

Muskogee County Trustee Deed Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Muskogee County compliant document last validated/updated 5/20/2024

Trustee Deed Guide

Muskogee County Trustee Deed Guide

Line by line guide explaining every blank on the form.
Included Muskogee County compliant document last validated/updated 9/21/2023

Completed Example of the Trustee Deed Document

Muskogee County Completed Example of the Trustee Deed Document

Example of a properly completed form for reference.
Included Muskogee County compliant document last validated/updated 7/15/2024

When using these Trustee Deed forms, the subject real estate must be physically located in Muskogee County. The executed documents should then be recorded in the following office:

Muskogee County Clerk

Courthouse - 400 West Broadway, Suite 110 /PO Box 1008, Muskogee, Oklahoma 74402

Hours: 8:00 to 4:30 Monday through Friday

Phone: (918) 682-7781

Local jurisdictions located in Muskogee County include:

  • Boynton
  • Braggs
  • Council Hill
  • Fort Gibson
  • Haskell
  • Muskogee
  • Oktaha
  • Porum
  • Taft
  • Wainwright
  • Warner
  • Webbers Falls

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?

Immediately after you submit payment, the Muskogee 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 provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

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 Muskogee County using our eRecording service.
Are these forms guaranteed to be recordable in Muskogee County?

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

Can the Trustee Deed 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 Muskogee County that you need to transfer you would only need to order our forms once for all of your properties in Muskogee County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Oklahoma or Muskogee 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 Muskogee County Trustee Deed 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.

Oklahoma Conveyances of Real Property to and from Express Trusts

The Oklahoma Trust Act, codified at 60 O.S. 175.1 et seq., governs express trusts in the State of Oklahoma (60 O.S. 175.3(F)). An express trust is one "created with the settlor's express intent, usually declared in writing," and is sometimes referred to as a direct trust or declared trust.

Real property may be titled in the name of a trust, an arrangement whereby one person (the settlor; also called a trustor or grantor) conveys title to another person (the trustee) for the benefit of a third (the beneficiary). The various methods of creating a trust in Oklahoma are specified at 60 175.6, and include a transfer made during the settlor's lifetime to a trustee either for the settlor or for a third person (60 175.6(B)). In this type of trust, called an inter vivos (living) trust, the roles of settlor, trustee, and beneficiary are sometimes combined in one individual, on the condition that the settlor cannot also be the sole beneficiary (see 60 175.6(A)). Testamentary trusts, specified by a will to take effect upon the settlor's death, are another option (60 O.S. 175.3(C)).

In Oklahoma, a trust containing real property is invalid without "a written instrument subscribed by the trustor" and witnessing its existence (60 O.S. 175.6(F)). The trust instrument establishes the terms of the trust, enumerates the trust's assets, designates the trustee and the trustee's powers and restrictions, and identifies the trust beneficiaries. While this document is generally unrecorded to maintain privacy, a settlor may record a trust instrument pertaining to real property, particularly when he wishes to give notice to the public of restrictions on the trustee's powers (60 O.S. 175.45(c)).

To convey real property into trust, the settlor executes and records a deed, granting title to the trustee as representative of the trust. The property should be titled in the name the trustee, referencing the trust and execution date of the trust instrument. A memorandum of trust under 60 O.S. 175.6a may be required. See 60 O.S. 156 for problems arising with conveyances into trust, and consult a lawyer with questions.

Once the trustee holds legal title to the property, he is presumed to have all the powers of an individual person holding absolute title unless specified otherwise by the trust instrument (60 O.S. 161, 171). This includes the specific power "to sell real or personal property at public auction or at private sale for cash" (60 O.S. 175.24(A)(2)). In order to convey real property from the trust, the trustee must execute a deed.

The trustee's deed is descriptively named for the granting party, rather than for the type of warranty conveyed (as in a "warranty deed" or "special warranty deed"). The form of a transfer from a representative is generally the same as a statutory deed, with wording varying slightly depending on the type of warranty of title the grantor wishes to convey.

In Oklahoma, a warranty deed, codified at 16 O.S. 40, conveys title with the broadest warranty, guaranteeing that the grantor has not already conveyed the property to someone else; that the property is free from encumbrances apart from those already disclosed; and that the grantor will warrant and defend the title against the claims of all persons. A grant deed transfers title with only the first two warranties listed above. A special warranty provides a lesser warranty, guaranteeing title only against defects arising during the period of the grantor's ownership. A quitclaim deed offers no warranty and merely transfers any interest a grantor may have in the property.

Trustees in Oklahoma generally convey real property from a trust using a special warranty deed, due to the fact that the trustee may not have knowledge of the condition of the title prior to the property's conveyance into trust. It is important to consult a lawyer in determining what level of warranty, if any, is appropriate to convey, as this has significant legal consequences for both the grantor and the grantee.

In any case, the transfer instrument should meet the same requirements for form and content of any instrument pertaining to real property. In the granting clause, the deed should name the trustee, trust, and the trust instrument date, and give the grantee's name, address, and vesting information. The deed should also list the consideration paid for the transfer; the consideration (or the value of the property conveyed) will determine the amount of documentary stamp tax paid. The deed must also include a legal description of the real property being conveyed. Additional documentation, such as a memorandum of trust, may be required (60 175.6a).

All instruments relating to real property must be signed by the granting party in the presence of a notary public before they are recorded in the county in which the subject property is situated.

Consult a lawyer with questions regarding real property transfers to and from trusts in Oklahoma.

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

Our Promise

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

Save Time and Money

Get your Muskogee County Trustee Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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December 21st, 2018

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April 24th, 2019

Why is Dade County not listed for the Lady Bird Deed?

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August 18th, 2022

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January 5th, 2019

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November 25th, 2020

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April 18th, 2023

Somewhat confusing, but I'm really not sure what I need. I have not complete4d the document.

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May 25th, 2022

Very user friendly. Forms professional and acceptable to state applicable to. Appreciate the sample & instructions.

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Kathy L.

January 30th, 2022

Review: There are 10 PDFs in this warranty deed package. I don't even know what to do with them all. I don't think the directions are clear enough on how to put it all together. I probably won't use it, and feel I have wasted my money.

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February 17th, 2020

Easy to understand and fill out Beneficiary Deed, but when I tried to download finished form, it disappeared! Luckily I had printed it first and had to fill out again.

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February 27th, 2024

Fast and easy service.

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