Oklahoma · 60 O.S. §§175.6a, 175.7, 175.8Oklahoma trust sales: the trust as grantor, the memorandum of trust and the buyer's protection
Any estate in Oklahoma real property may be acquired and held in the name of an express private trust that is a legal entity, and any conveyance or other transfer of that property is made in the name of the trust by its trustee or trustees (60 O.S. §175.6a). When property is acquired or transferred in the trust's name, the trustee files with the county clerk where the property is a memorandum of trust giving the date the trust was created and the names of the trustees (§175.6a). People who sign conveyances as the trust's trustees are presumed to act in that capacity and within their authority in any action to set aside the conveyance against a bona fide purchaser for value (§175.6a). A person who takes trust property for value and without notice of a breach of trust – actual, or constructive under the recording act – and who isn't knowingly part of an illegal transaction holds it free of the trust, with no liability to the beneficiaries (§175.7). A buyer who in good faith pays a trustee money the trustee is authorized to receive isn't responsible for how the trustee applies it, and the title acquired isn't invalid because of a misapplication (§175.8).
The rules
1. Title in the trust (§175.6a)
An express trust can hold title; transfers are made in its name by its trustees.
2. Memorandum of trust (§175.6a)
Filed with the county clerk: date of creation and the trustees' names.
3. Presumed authority (§175.6a)
Signing trustees are presumed to act within their authority against a bona fide purchaser.
4. Buyer for value (§175.7)
Takes free of the trust without notice of a breach.
5. Payment (§175.8)
A good-faith payer isn't responsible for the trustee's use of the money.
What the TC can do
- When the seller is a trust, check that the memorandum of trust is on file with the county clerk and names the signing trustees.
- Make sure the deed is drafted in the trust's name and signed by the trustees named in the memorandum.
- Ask the title company whether it needs anything more, such as the trust instrument or a successor-trustee document.
Questions about Oklahoma trust sales
Who signs the deed when an Oklahoma trust sells a house?
The trustee or trustees, conveying in the name of the trust (60 O.S. §175.6a).
What is an Oklahoma memorandum of trust?
A document the trustee files with the county clerk when real property is acquired or transferred in the trust's name, giving the trust's date of creation and the trustees' names (60 O.S. §175.6a).
Related guides
Put the memorandum of trust and the trustees' signatures on the seller's tasks in ClosingCode.
Start free trialSource: 60 O.S. §§175.6a, 175.7 and 175.8 (Title 60 at oklegislature.gov, read October 29, 2026).
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.