Deed Transferring Real Property into Living Trust - Oklahoma

This instrument prepared by:
[____________________________________]
[____________________________________]
[____________________________________]

After recording return to:
[____________________________________]
[____________________________________]
[____________________________________]

Send subsequent tax statements to:
[____________________________________]
[____________________________________]

Grantee's name and complete mailing address (required on face per 68 O.S. § 3201 et seq.):
[____________________________________]
[____________________________________]

SPACE ABOVE THIS LINE RESERVED FOR COUNTY CLERK'S RECORDING STAMP AND DOCUMENTARY STAMPS

QUITCLAIM DEED — TRANSFER TO REVOCABLE LIVING TRUST

State of Oklahoma

1. GRANTOR

[GRANTOR FULL LEGAL NAME], [an unmarried person / a married person / married persons], whose mailing address is [____________________________________] ("Grantor").

2. GRANTEE / VESTING IN TRUSTEE

[GRANTOR FULL LEGAL NAME], as Trustee of the [TRUST NAME] dated [__/__/____], and any successor trustee then serving under that trust instrument and any amendments to it (the "Grantee" or "Trustee"), whose mailing address is [____________________________________].

The Property is conveyed to the Trustee to be held, administered, and distributed according to the terms of the [TRUST NAME] dated [__/__/____] (the "Trust"). Title vests in the Trustee in trust, and in any successor trustee, without the necessity of any further conveyance, with the powers and authority granted under the Trust and under the Oklahoma Trust Act, 60 O.S. § 175.1 et seq.

3. CONSIDERATION

This conveyance is made for estate-planning purposes only, with no change in beneficial ownership of the Property. No actual consideration is paid or to be paid; the conveyance is made for nominal consideration of One Dollar ($1.00) — the Grantor being the settlor of the Trust, who created and may revoke the Trust, and a beneficiary of the Trust during the Grantor's lifetime.

4. GRANTING CLAUSE

KNOW ALL PERSONS BY THESE PRESENTS, that the Grantor, for the consideration stated above, does hereby QUITCLAIM unto the Grantee, as Trustee as aforesaid, and to the Grantee's successors in trust and assigns, all of the Grantor's right, title, interest, and estate in and to the following described real property (the "Property"):

Property commonly known as: [STREET ADDRESS, CITY, OKLAHOMA, ZIP]

County: [____________] County, Oklahoma

Prior instrument reference: Recorded in Book [____], Page [____] (or Document No. [____________]), County Clerk of [____________] County, Oklahoma.

Legal Description: See Exhibit A attached hereto and incorporated by reference.

TO HAVE AND TO HOLD the Property, together with all improvements, hereditaments, easements, and appurtenances belonging to it, unto the Grantee, as Trustee, and the Grantee's successors in trust and assigns forever.

5. SUBJECT TO

This conveyance is made subject to:

(a) Ad valorem real property taxes and assessments for the current and subsequent years, not yet due and payable;
(b) Easements, covenants, conditions, restrictions, reservations, and rights-of-way of record;
(c) Applicable zoning, subdivision, building, land-use, and environmental laws and regulations; and
(d) Any mortgage or other lien of record, which the Trustee takes subject to but does not assume except as separately agreed in writing.

6. PURPOSE; HOMESTEAD EXEMPTION AND TAX CONTINUITY; TITLE INSURANCE

6.1 Estate-planning purpose. The sole purpose of this conveyance is to fund the Grantor's revocable living trust so that the Property may pass on the Grantor's death under the terms of the Trust without probate administration. The Grantor reserves all rights to amend or revoke the Trust and to direct the Trustee to reconvey the Property to the Grantor at any time.

6.2 Homestead exemption / ad valorem continuity. The parties intend that any homestead exemption (68 O.S. § 2888 et seq.) and any other ad valorem classification applicable to the Property continue uninterrupted after this conveyance. Because the Grantor remains the beneficial owner and a beneficiary of the Trust, the Grantor should confirm continued eligibility with the county assessor and re-file any required application after re-titling.

6.3 Title insurance. Re-titling into a trust can affect an existing owner's title insurance policy. The Grantor should request an endorsement naming the Trustee as an insured, or confirm coverage continuity, with the title insurer before recording.

7. DOCUMENTARY-STAMP-TAX EXEMPTION AND GARN-ST GERMAIN RECITALS

7.1 Oklahoma documentary stamp tax (68 O.S. § 3201). Oklahoma imposes a documentary stamp tax of $0.75 for each $500 (or fraction) of the consideration exceeding $100, payable to the county clerk when the deed is offered for filing.

7.2 Exemption claimed — deed to an express revocable trust. This transfer is EXEMPT from the documentary stamp tax under 68 O.S. § 3202(4) as a "deed between any person and an express revocable trust created by such person or such person's spouse," made without actual consideration. The following exemption statement appears on the face of this deed (Oklahoma Tax Commission requirement):

Exempt from documentary stamp tax under 68 O.S. § 3202, Paragraph 4 — deed between a person and an express revocable trust created by such person, without actual consideration.

7.3 Limited due-on-sale protection (Garn-St Germain Act). If the Property is residential real property containing fewer than five dwelling units and secures a real property loan, 12 U.S.C. § 1701j-3(d)(8) bars the lender from exercising a due-on-sale clause for a transfer into an inter vivos trust in which the borrower is and remains a beneficiary and that does not transfer occupancy rights. Confirm every element before relying on the exemption. The borrower remains personally liable on any existing note.

8. EXECUTION

IN WITNESS WHEREOF, the Grantor has executed this Quitclaim Deed on [__/__/____].

GRANTOR:

____________________________________
[GRANTOR FULL LEGAL NAME]

____________________________________
[SPOUSE FULL LEGAL NAME], joining to convey and release homestead rights (required if the property is homestead and the Grantor is married)

9. NOTARY ACKNOWLEDGMENT (Oklahoma — 16 O.S. § 15, § 26)

This instrument was acknowledged before me this ____ day of ______________, 20____, by [GRANTOR FULL LEGAL NAME] [and [SPOUSE FULL LEGAL NAME]], who is/are personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who executed the foregoing instrument and acknowledged that he/she/they executed the same as his/her/their free and voluntary act and deed.

____________________________________
Notary Public
My commission number: ______________
My commission expires: ______________

(Affix notarial seal)

10. RECORDING AND TAX-FORM INSTRUCTIONS

1. Where to record. Record the original, signed, and acknowledged deed with the County Clerk of [____________] County, Oklahoma — the county in which the Property is located (16 O.S. § 16; 19 O.S. § 298).
2. Documentary stamps / exemption. Present the deed with the § 3202(4) exemption statement on its face (Section 7.2). Documentary stamps are sold and affixed only when the deed is offered for filing; do not file marked "exempt" without the precise statutory citation. The grantee's full name and complete mailing address must appear on the face of the deed.
3. Recording fee. Pay the county clerk's per-page recording fee.
4. Update collateral records. After recording: (a) obtain written instructions from the property/casualty insurer on how the owner, Trustee, Trust, and lender should appear on the policy; (b) confirm the homestead exemption with the county assessor; and (c) provide a recorded copy and a Memorandum or Certification of Trust to the title company.
5. Transfer-on-death alternative. Oklahoma recognizes a transfer-on-death deed (58 O.S. § 1251 et seq.); funding a revocable living trust by recorded deed is the appropriate mechanism when trust administration (not merely a beneficiary designation) is desired.

EXHIBIT A — LEGAL DESCRIPTION

[INSERT THE COMPLETE LEGAL DESCRIPTION EXACTLY AS IT APPEARS ON THE GRANTOR'S CURRENT VESTING DEED — lot/block/addition with plat reference, or metes-and-bounds with section, township, and range. Attach surveys or additional pages as needed.]

____________________________________

____________________________________

____________________________________

Sources and References

• 16 O.S. § 4, § 19, § 26 — statutory warranty deed form and covenants; homestead conveyance by married person requires both spouses to join.
• 16 O.S. § 18 — quitclaim deed.
• 16 O.S. § 15, § 16 — acknowledgment required to entitle a conveyance to record; recording with the county clerk.
• 19 O.S. § 298 — duties of the county clerk; recording.
• 68 O.S. § 3201 — documentary stamp tax ($0.75 per $500 of consideration over $100).
• 68 O.S. § 3202(4) — exemption: deeds between any person and an express revocable trust created by such person or such person's spouse, without actual consideration.
• Oklahoma Tax Commission documentary-stamp notice — exemption statement must cite "OS Title 68, Article 32, Section 3202, Paragraph ___" on the face of the deed; grantee name/address required at filing.
• 68 O.S. § 2888 et seq. — homestead exemption (ad valorem).
• 60 O.S. § 175.1 et seq. — Oklahoma Trust Act.
• 58 O.S. § 1251 et seq. — Nontestamentary Transfer of Property Act (transfer-on-death deed) — alternative non-probate mechanism.
• 12 U.S.C. § 1701j-3(d)(8) — qualifying residential inter vivos trust transfer

This document is provided for informational purposes only and does not constitute legal advice. State the § 3202, ¶ 4 exemption on the face of the deed and confirm homestead/spousal-joinder requirements before recording, and consult a licensed Oklahoma attorney before executing or recording this deed.