Wagoner County Memorandum of Trust Form (Oklahoma)
All Wagoner County specific forms and documents listed below are included in your immediate download package:
Memorandum of Trust Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Wagoner County compliant document last validated/updated 10/14/2024
Memorandum of Trust Guide
Line by line guide explaining every blank on the form.
Included Wagoner County compliant document last validated/updated 8/2/2024
Completed Example of the Memorandum of Trust Form
Example of a properly completed form for reference.
Included Wagoner County compliant document last validated/updated 10/24/2024
The following Oklahoma and Wagoner County supplemental forms are included as a courtesy with your order:
When using these Memorandum of Trust forms, the subject real estate must be physically located in Wagoner County. The executed documents should then be recorded in the following office:
Wagoner County Clerk
307 East Cherokee St / PO Box 156, Wagoner, Oklahoma 74477
Hours: 8:30 to 4:30 Monday through Friday
Phone: (918) 485-2216
Local jurisdictions located in Wagoner County include:
- Broken Arrow
- Coweta
- Okay
- Porter
- Redbird
- Wagoner
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 Wagoner 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 Wagoner County using our eRecording service.
Are these forms guaranteed to be recordable in Wagoner County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Wagoner 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 Wagoner County that you need to transfer you would only need to order our forms once for all of your properties in Wagoner County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Oklahoma or Wagoner 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 Wagoner 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 Wagoner 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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Get your Wagoner 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.
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James S.
November 21st, 2024
Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn't see it this time.
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Thomas G.
November 21st, 2024
Wasn’t what I expected
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Jimmy P.
November 20th, 2024
They sent me everything I would need to do this. Easy purchase -Easy download. Great!! I'll be back here for all my document needs.
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Michael H.
July 30th, 2019
Found documents I needed quickly and at a reasonable price.
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Kerrin S.
April 11th, 2020
Wow, this was so easy & helpful. I didn't get it finished in time for recording, so I'm still waiting on that part, but the rest was simple and straight-forward. Thanks!
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Charles G.
June 22nd, 2022
I downloaded your Transfer on Death Deed Forms on Monday and registered the deed on Wednesday. Thank you.
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marshall w.
September 24th, 2019
was not ready to pay for much needed forms but very important
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Judy W.
May 12th, 2021
It would be helpful if the numbers on the instruction sheet were on the form. I was confused on page two if the signatures were for witnesses or buyer (grantee).
I do like the form and will use it in the future.
Also page one Grantee's signature only has one line and if there are two buyers need another line.
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James D.
April 24th, 2019
It was very easy to set up the account but then everything is very costly. I didn't see any publications that were free to account holders, so as infrequently I have to do a title search, I may as well just hire an online service to do the legwork too.
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Suzanne D.
January 7th, 2019
Information found, thank you. I own Ground Rent on property and needed to know name of property owner and address for mailing bill.
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Harry C.
February 11th, 2019
I got the wrong state and now they want to charge me again for the proper state.
My fault, BUT!!!!
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January 29th, 2019
Excellent service--I got just the information I needed quickly and reasonably priced. I am glad to know of this service for future needs, as an individual, in this sector. Cheers, RRH
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September 25th, 2022
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November 15th, 2023
My overall experience was positive. Little trouble uploading documents but resolved. I had two mineral deeds to file in Arkansas, two different counties, exactly the same form, only difference being property description; one was completed, one was canceled. I emailed to inquire why and the reply was in an automatic email indicating that email address was not monitored and if further action would be taken on Deeds.com part, I would be notified. Other than that, I would recommend their services to avoid using snail mail.
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Christopher B.
January 13th, 2021
Process went smoothly and will use for my next recording. Only area for improvement would be to provide the ability for the user to delete and replace uploaded documents.
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