Pottawatomie County Memorandum of Trust Form (Oklahoma)

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

Memorandum of Trust Form

Pottawatomie County Memorandum of Trust Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Pottawatomie County compliant document last validated/updated 10/14/2024

Memorandum of Trust Guide

Pottawatomie County Memorandum of Trust Guide

Line by line guide explaining every blank on the form.
Included Pottawatomie County compliant document last validated/updated 8/2/2024

Completed Example of the Memorandum of Trust Form

Pottawatomie County Completed Example of the Memorandum of Trust Form

Example of a properly completed form for reference.
Included Pottawatomie County compliant document last validated/updated 10/24/2024

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

Pottawatomie County Clerk

325 North Broadway Ave, #307, Shawnee, Oklahoma 74801

Hours: Mon-Fri 8:30 a.m. to 5:00 p.m

Phone: (405) 273-3624

Local jurisdictions located in Pottawatomie County include:

  • Asher
  • Earlsboro
  • Macomb
  • Maud
  • Mcloud
  • Saint Louis
  • Shawnee
  • Tecumseh
  • Wanette

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

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Pottawatomie 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 Pottawatomie County that you need to transfer you would only need to order our forms once for all of your properties in Pottawatomie County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Oklahoma or Pottawatomie 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 Pottawatomie 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 Pottawatomie 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 Pottawatomie County Memorandum of Trust 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.

4.8 out of 5 - ( 4420 Reviews )

Jimmy W.

November 1st, 2024

Very thorough with plenty of instructions. Nice to be able to fill in the forms on my computer at my own pace and edit if needed. Jim

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

RUTH A.

October 25th, 2024

I am so very thankful for the service that you provide for the public, thank you very much.

Reply from Staff

We deeply appreciate the trust you have placed in our services. Thank you for your valuable feedback and for choosing us.

Nancy R.

October 25th, 2024

Deeds.com is very precise, helpful and friendly. I found the form I needed without any effort and everything worked perfect and smooth. I recommend it 100%. rnThank you.

Reply from Staff

We are delighted to have been of service. Thank you for the positive review!

Catherine A.

September 25th, 2022

Very good site, easy to get around, very thourough, easy to use. Definately will use again. I give you 5 stars

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Helen D.

July 27th, 2020

I was just trying to look up a record.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Amanda M.

December 11th, 2019

Was very easy to use.

Reply from Staff

Thank you!

Hugh B R.

February 24th, 2021

Very user friendly and fast. Pleasure using this site.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

John W.

September 30th, 2020

You charge too much for a form. Your business model is shortsighted. I would not try to use your service again. You got $20 from me this once, but I would try very hard to not use your service again. Your model does not encourage serial or professional usage.

Reply from Staff

Thank you for your feedback John. We do wish that you had decided our product was too expensive prior to purchasing and using so that there was no remorse. Have a wonderful day.

Lisa P.

March 17th, 2021

Wonderful forms. It's nice that they were formatted perfectly for my county, it's real easy to miss a requirement (margines, font size, and so on) and end up with a rejection or higher recording fee. Good job folks!

Reply from Staff

Thank you!

Steve B.

February 6th, 2020

Good format. Timely response. Adding a photo of the property would be a good improvement.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Robert M.

October 4th, 2020

Quick and friendly answers. So Easy!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Jackqueline S.

August 25th, 2020

I received my property deed quickly. All pertinent information required was received in less than 30 minutes.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Ivory J.

August 1st, 2020

Haven't processed any deed documents so far. I do agree that Deed.com website browsing tool will be helpful.

Reply from Staff

Thank you!

Shirley R J.

February 5th, 2019

Great website.....fast and easy access!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Kristopher K.

October 22nd, 2021

Process is easy but system would not accept 3 different credit cards on first day. No phone number to call. Sent message and response was all 3 cards must have been declined. However, next day one of those cards went through with no problem.

Reply from Staff

Thank you for your feedback. Unfortunately we have no control over which payment get approved or declined.