Oklahoma Certification of Trust

CERTIFICATION OF TRUST

Pursuant to 60 O.S. Section 1609.7 (Oklahoma Uniform Trust Code) and 60 O.S. Section 175.6a (Oklahoma Trust Act)

STATE OF OKLAHOMA

COUNTY OF [________________________________]

I. TRUST IDENTIFICATION

The undersigned Trustee(s), being duly sworn or affirmed, hereby certify the following pursuant to the Oklahoma Uniform Trust Code and the Oklahoma Trust Act (60 O.S. Sections 175.1 et seq.):

1. Trust Name:
[________________________________]

2. Date of Original Trust Instrument:
[__/__/____]

3. Date(s) of Any Amendment(s) or Restatement(s):
[________________________________]

4. Settlor(s) / Grantor(s):

5. Trust Tax Identification Number (EIN):
[________________________________]

6. Trust Situs / Governing Law:
The trust is governed by the laws of the State of Oklahoma, including the Oklahoma Trust Act (60 O.S. Sections 175.1 et seq.) and the Oklahoma Uniform Trust Code.

II. MEMORANDUM OF TRUST FOR REAL PROPERTY

7. Real Property Memorandum of Trust:

☐ This section is applicable. This Certification also serves as a Memorandum of Trust for filing with the county clerk pursuant to 60 O.S. Section 175.6a.

☐ This section is not applicable. This Certification is not being used in connection with a real property transaction.

If applicable, the following information is provided for real property recording:

(a) Date of Trust Creation: [__/__/____]

(b) Name(s) of Trustee(s): [________________________________]

(c) County of Real Property: [________________________________]

(d) Legal Description of Real Property:
[________________________________]
[________________________________]
[________________________________]

III. TRUSTEE IDENTIFICATION AND AUTHORITY

8. Currently Acting Trustee(s):

9. Co-Trustee Authority:

☐ Sole Trustee. The trust has a single Trustee who has full authority to act on behalf of the trust.

☐ Co-Trustees: All Required. All currently acting Trustees are required to act jointly.

☐ Co-Trustees: Majority Required. A majority of the currently acting Trustees may exercise the powers of the Trustee.

☐ Co-Trustees: Any One May Act. Any one Trustee may exercise the powers of the Trustee independently.

☐ Co-Trustees: Specific Allocation. Powers are allocated as follows:
[________________________________]

IV. POWERS OF THE TRUSTEE

10. General Powers:

The Trustee(s) possess(es) the following powers, as granted by the trust instrument and applicable Oklahoma law, including 60 O.S. Section 175.24:

(a) To collect, hold, manage, and administer trust property;

(b) To acquire, sell, exchange, convey, or otherwise dispose of real or personal property, and to execute all instruments necessary therefor, including deeds, bills of sale, contracts, and other documents;

(c) To lease trust property for any term, including terms extending beyond the duration of the trust;

(d) To borrow money, with or without security, and to encumber trust property by mortgage, deed of trust, or other instrument;

(e) To deposit trust funds in any bank, savings and loan association, or credit union, including accounts in the name of the trust;

(f) To invest and reinvest trust property in any property, real or personal, including stocks, bonds, mutual funds, and other securities, in accordance with the Oklahoma Uniform Prudent Investor Act (60 O.S. Sections 175.61 through 175.72);

(g) To continue, participate in, or withdraw from any business or enterprise;

(h) To compromise, contest, arbitrate, or settle claims by or against the trust;

(i) To insure the trust property and the Trustee against damage, loss, and liability;

(j) To employ attorneys, accountants, investment advisors, and other professionals;

(k) To distribute trust income and principal in accordance with the terms of the trust;

(l) To make tax elections and file returns on behalf of the trust;

(m) To exercise all rights and powers with respect to stocks, bonds, and other securities held in trust, including the right to vote, grant proxies, and participate in reorganizations; and

(n) To execute and deliver all instruments necessary to carry out the powers granted herein.

11. Restrictions on Trustee Powers:

☐ There are no restrictions on the Trustee's powers material to the pending transaction.

☐ The following restrictions apply:
[________________________________]

V. REVOCABILITY STATUS

12. Revocability of the Trust:

☐ Revocable. The trust is revocable. The following person(s) hold(s) the power to revoke the trust:

☐ Irrevocable. The trust is irrevocable and may not be revoked by any person.

☐ Became Irrevocable. The trust became irrevocable upon the following event:
[________________________________]

VI. TRUST PROPERTY PROVISIONS

13. Manner of Taking Title:

☐ In the name of the Trustee(s), as Trustee(s) of the [________________________________] Trust, dated [__/__/____].

☐ In the name of the Trust: [________________________________]

☐ Other: [________________________________]

14. Description of Property Subject to This Certification:

[________________________________]
[________________________________]
[________________________________]

VII. SUCCESSOR TRUSTEE PROVISIONS

15. Successor Trustee(s):

16. Method of Trustee Succession:

[________________________________]
[________________________________]

VIII. STATUTORY REPRESENTATIONS AND DISCLOSURES

17. Representations:

The undersigned Trustee(s) hereby represent and certify that:

(a) The trust identified herein exists and has not been revoked, modified, or amended in any manner that would cause the representations contained in this Certification of Trust to be incorrect;

(b) This Certification of Trust accurately reflects the terms of the trust relevant to the matters set forth herein;

(c) The undersigned are all of the currently acting Trustees of the trust;

(d) The Trustee(s) have the authority to engage in the transaction for which this Certification is being provided;

(e) There are no limitations on the powers of the Trustee(s) that would restrict or prevent the pending transaction, except as noted herein;

(f) This Certification does not contain the dispositive terms of the trust; and

(g) No party receiving this Certification shall be deemed to have knowledge of the trust's dispositive provisions solely by reason of receiving this Certification.

18. Bona Fide Purchaser Protections:

Pursuant to 60 O.S. Section 175.6a, any person or persons making conveyances and executing instruments while purporting to be the trustee or trustees of a trust shall be presumed to be acting in the capacity indicated and within the scope of their authority in any action to set aside such conveyance brought against a bona fide purchaser for value.

19. Third-Party Reliance:

A person who acts in reliance upon this Certification of Trust without knowledge that the representations contained herein are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in this Certification.

IX. HOMESTEAD EXEMPTION DISCLOSURE

20. Homestead Status:

☐ The trust does not hold property that constitutes a homestead under the Oklahoma Constitution and statutes.

☐ The trust holds or will hold homestead property. The Trustee(s) acknowledge that the Oklahoma homestead exemption (Oklahoma Constitution, Article XII, Section 1) may apply and that special requirements, including spousal joinder, may be necessary for conveyances of homestead property.

☐ Not applicable to this transaction.

X. EXECUTION AND ACKNOWLEDGMENT

IN WITNESS WHEREOF, the undersigned Trustee(s) have executed this Certification of Trust on this [____] day of [________________], [________].

Trustee Signature:

_________________________________________
[________________________________]
Trustee of the [________________________________] Trust
Dated [__/__/____]

Date: [__/__/____]

Trustee Signature (if applicable):

_________________________________________
[________________________________]
Trustee of the [________________________________] Trust
Dated [__/__/____]

Date: [__/__/____]

XI. NOTARIZATION

STATE OF OKLAHOMA

COUNTY OF [________________________________]

Before me, the undersigned Notary Public, in and for said County and State, on this [____] day of [________________], [________], personally appeared:

[________________________________]

to me known to be the identical person(s) who executed the within and foregoing instrument, and acknowledged to me that he/she/they executed the same as his/her/their free and voluntary act and deed for the uses and purposes therein set forth.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written.

_________________________________________
Notary Public, State of Oklahoma
My Commission Expires: [__/__/____]
Commission Number: [________________________________]

[NOTARY SEAL]

XII. STATE-SPECIFIC NOTES

A. Oklahoma Uniform Trust Code Adoption. Oklahoma enacted the Oklahoma Uniform Trust Code via HB 1850 (Laws 2025, c. 254), signed by the Governor on May 21, 2025, with an effective date of November 1, 2025. This legislation supplements the existing Oklahoma Trust Act (60 O.S. Sections 175.1 et seq.), which was not repealed, and includes a certification-of-trust provision at 60 O.S. Section 1609.7 (Article 9) that closely tracks the model Uniform Trust Code certification-of-trust section. Signed SB 2104 will amend Section 1609.7 to clarify statutory cross-references, effective November 1, 2026; until then, the current pre-amendment text controls.

B. Dual Framework. Oklahoma practitioners must be aware that the Oklahoma Trust Act and the Oklahoma Uniform Trust Code may coexist. Verify which provisions apply to the trust in question based on its creation date and governing terms.

C. Real Property: Memorandum of Trust. Under 60 O.S. Section 175.6a, when real property is transferred or acquired in the name of an express trust, the trustee must file a memorandum of trust with the county clerk in the county where the property is located. The memorandum must include the date of creation and the name of the trustee(s).

D. Real Property: Trust May Hold Title. Oklahoma is distinctive in that 60 O.S. Section 175.6a expressly permits real property to be acquired and held in the name of the express trust itself, rather than solely in the name of the trustee.

E. Presumption of Authority. Under 60 O.S. Section 175.6a, persons executing instruments while purporting to be trustees are presumed to be acting within their authority in any action against a bona fide purchaser for value. This provides significant protection to third parties.

F. Homestead Exemption. Oklahoma's homestead exemption is one of the most protective in the nation (Oklahoma Constitution, Article XII, Section 1). When trust property includes a homestead, special attention must be given to constitutional protections and the requirement for spousal joinder in conveyances.

G. Challenge Limitations. Under 60 O.S. Section 175.6b, conveyances made and filed of record prior to the effective date of the act placing real property in a trust naming the trust as grantee are valid unless challenged by affidavit within one year from the act's effective date.

H. County Clerk Recording. Memoranda of trust and certifications of trust intended for real property use should be recorded with the county clerk's office. Recording fees are established by 28 O.S. Section 32.

This Certification of Trust is made under the laws of the State of Oklahoma and is intended to comply with the Oklahoma Uniform Trust Code and the Oklahoma Trust Act (60 O.S. Sections 175.1 et seq.). This document does not contain the dispositive terms of the trust.