Mcintosh County Trustee Deed Form (Oklahoma)
All Mcintosh County specific forms and documents listed below are included in your immediate download package:
Trustee Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Mcintosh County compliant document last validated/updated 10/8/2024
Trustee Deed Guide
Line by line guide explaining every blank on the form.
Included Mcintosh County compliant document last validated/updated 10/16/2024
Completed Example of the Trustee Deed Document
Example of a properly completed form for reference.
Included Mcintosh County compliant document last validated/updated 9/27/2024
The following Oklahoma and Mcintosh County supplemental forms are included as a courtesy with your order:
When using these Trustee Deed forms, the subject real estate must be physically located in Mcintosh County. The executed documents should then be recorded in the following office:
McIntosh County Clerk
Courthouse - 110 North First St / PO Box 110, Eufaula, Oklahoma 74432
Hours: 8:00 to 4:00 M-F
Phone: (918) 689-2741
Local jurisdictions located in Mcintosh County include:
- Checotah
- Eufaula
- Hanna
- Hitchita
- Rentiesville
- Stidham
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 Mcintosh 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 Mcintosh County using our eRecording service.
Are these forms guaranteed to be recordable in Mcintosh County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Mcintosh 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 Mcintosh County that you need to transfer you would only need to order our forms once for all of your properties in Mcintosh County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Oklahoma or Mcintosh 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 Mcintosh 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 Mcintosh 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 Mcintosh 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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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
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October 25th, 2024
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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.
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Jesse B.
December 23rd, 2018
Bought a quit claim deed form. Came with great instructions that were easy to follow and allowed me to do it over a couple of times until I got it right. Was also cheaper than most other options I found online.
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Bernadette G.
February 4th, 2019
I LOVE that very concise directions and a sample completed deed were included. They were incredibly helpful. I did like the quick response to questions and the refund of my purchase when they were unable to find a deed I needed. I wasn't sure if I could trust this site, but my deed transfer went through without a hitch with the paperwork that was provided/purchased.
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Tuesday G.
August 8th, 2020
This was a great site to use. They responded quickly when needed. And with i 24 hours the deed was filed. Very happy with with site and company! Thank you!
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Lynd P.
January 14th, 2019
Good
Thanks Lynd.
David A.
May 3rd, 2022
Forms were just what I needed. Very well explained and easy to use.
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Cathy S.
October 15th, 2022
Great forms! Repeat customer here, wouldn't go anywhere else.
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Susan A.
April 23rd, 2021
The warranty deed form, the explanation and the example were well worth the price, as they gave me more confidence I was filling the deed out correctly. I cross referenced all of it with the county registrars website and the previous warranty deed.
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Roger A.
November 2nd, 2023
Easy peasy to use! It's great to have the guide for completing the form and an example of a completed form.
It was a pleasure serving you. Thank you for the positive feedback!
Shane T.
March 7th, 2020
The Transfer on Death Deed form package was very good. But like anything, could use some improvements.
There is not enough space to fill more than one beneficiary with any level of additional detail like "as his sole and separate property"
The area for the legal description could be a bit bigger and potentially fit many legal descriptions. Or it could be made to simply say "See Exhibit A" as is likely necessary for most anyway.
The guide should indicate what "homestead property" means so the user doesn't have to research the legal definition. (which turns out to be obvious, at least in my state, if you live there, it's your homestead.)
It would be helpful if an "Affidavit of Death" form were included in the package for instances where the current deed hasn't been updated to reflect a widowed owner as the sole owner before recording with only the one signature.
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Marcus V.
March 18th, 2024
Awesome and perfect.
We are thankful for your continued support and feedback, which inspire us to continuously improve. Thank you..
Glenn M.
July 21st, 2023
Fast, easy, saves money!!!
Thank you!
Jacqueline H.
February 4th, 2021
Thank you for all your assistance and patience in doing the deed. I can honestly say that DEEDs.com will be permanently on my list as a go to company. I will use the company as a referral to friends and family.
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