Fill and Sign the Oklahoma Mineral Form

© 2016 - U.S. Legal Forms, Inc.       OKLAHOMA MINERAL DEED [Trust to Two (2) Individuals/Husband and Wife] Control Number: OK-037-78 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY: A. In the State of Oklahoma, real property can be held by more than one person (concurrent estates) in the following ways: 1. If the Grantees ARE NOT married to each other, they can hold the property as: a. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally their shares are “equal” but may differ in size. b. Joint Tenants with the Right of Survivorship ( JTWROS) : is a type of concurrent estate in which co-owners have a right of survivorship , meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate. 2. If the Grantees ARE married to each other, they can hold the property as: a. Tenants in Common – See above b. Joint Tenants with the Right of Survivorship – See above c. Tenants by the Entirety - a type of concurrent estate formerly available only to married couples, where ownership of property is treated as though the couple were a single legal person. Like a JTWROS, the tenancy by the entirety also encompasses a right of survivorship, so if one spouse dies, the entire interest in the property passes to the surviving spouse, without going through probate. 3. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common; Joint Tenants with Right of Survivorship; or, Tenants by the Entirety. B. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/ C. For example: “. . . as tenants in common , . . .” OR “. . . as tenants by the entireties , . . .” OR “. . . as joint tenants with the right of survivorship , . . .” III. EXEMPTIONS TO DOCUMENTARY STAMP TAX: §68-3202. Exemptions. The tax imposed by Section 3201[68-3201] of this title shall not apply to: 1. Deeds recorded prior to the effective date of Sections 3201 through 3206 of this title; 2. Deeds which secure a debt or other obligation; 3. Deeds which, without additional consideration, confirm, correct, modify or supplement a deed previously recorded; 4. Deeds between husband and wife, or parent and child, or any persons related within the second degree of consanguinity, without actual consideration therefor, deeds between any person and an express revocable trust created by such person or such person's spouse or deeds pursuant to which property is transferred from a person to a partnership, limited liability company or corporation of which the transferor or the transferor's spouse, parent, child, or other person related within the second degree of consanguinity to the transferor, or trust for primary benefit of such persons, are the only owners of the partnership, limited liability company or corporation. However, if any interest in the partnership, limited liability company or corporation is transferred within one (1) year to any person other than the transferor or the transferor's spouse, parent, child, or other person related within the second degree of consanguinity to the transferor, the seller shall immediately pay the amount of tax which would have been due had this exemption not been granted; 5. Tax deeds; 6. Deeds of release of property which is security for a debt or other obligation; 7. Deeds executed by Indians in approval proceedings of the district courts or by the Secretary of the Interior; 8. Deeds of partition, unless, for consideration, some of the parties take shares greater in value than their undivided interests, in which event a tax attaches to each deed conveying such greater share computed upon the consideration for the excess; 9. Deeds made pursuant to mergers of partnerships, limited liability companies or corporations; 10. Deeds made by a subsidiary corporation to its parent corporation for no consideration other than the cancellation or surrender of the subsidiary's stock; 11. Deeds or instruments to which the State of Oklahoma or any of its instrumentalities, agencies or subdivisions is a party, whether as grantee or as grantor or in any other capacity; 12. Deeds or instruments to which the United States or any of its agencies or departments is a party, whether as grantor or as grantee or in any other capacity, provided that this shall not exempt transfers to or from national banks or federal savings and loan associations; 13. Any deed executed pursuant to a foreclosure proceeding in which the grantee is the holder of a mortgage on the property being foreclosed, or any deed executed pursuant to a power of sale in which the grantee is the party exercising such power of sale or any deed executed in favor of the holder of a mortgage on the property in consideration for the release of the borrower from liability on the indebtedness secured by such mortgage except as to cash consideration paid; provided, however, the tax shall apply to deeds in other foreclosure actions, unless otherwise hereinabove exempted, and shall be paid by the purchaser in such foreclosure actions; or 14. Deeds and other instruments to which the Oklahoma Space Industry Development Authority or a spaceport user, as defined in the Oklahoma Space Industry Development Act, is a party. IV. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Oklahoma. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Property Address:       Exemption Documentary Stamp Tax:       O.S. Title 68, Article 32, Section 3202(3) . Mailing Address:             MINERAL DEED [Trust to Two (2) Individuals / Husband and Wife] KNOW ALL MEN BY THESE PRESENTS: That       , as Trustee under the provisions of a Trust Agreement dated the ______ day of ____________ , 20 ______ , known as the ____________________________________ Trust, Grantor, in consideration of the sum of TEN & NO/100 ($10.00) dollars, and other valuable considerations, in hand paid, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto       , and       , as joint tenants with the right of survivorship and not as tenants in common , Grantees, all of Grantor’s right, title and interest in and to all of the oil, gas and other minerals in and under and that may be produced from the following described lands situated in __________________ County, State of Oklahoma, to-with: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description:       Mineral Deed Page 1 of 3 together with the right of ingress and egress at all times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas and other minerals, and storing, handling, transporting and marketing the same therefrom with the right to remove from said land all of Grantee’s property and improvements. This transfer is made subject to any rights now existing to any lessee or assigns under any valid and subsisting Oil and Gas Lease of record heretofore executed; it being understood and agreed that said Grantees shall have, receive and enjoy the herein granted undivided interest in and to all bonuses, rents, royalties and other benefits which may accrue under the terms of said lease insofar as it covers the above described land from and after the date hereof, precisely as if the Grantees herein had been at the date of the making of said lease the owner of a similar undivided interest in and to the lands described and Grantees one of the Lessors therein. TO HAVE AND TO HOLD the above described premises unto Grantees, their successors and assigns, forever, free, clear and discharged of and from all former grants, charges, taxes, judgments, mortgages, and any other liens or encumbrances of whatsoever nature subject, however, to easements, restrictions, mineral reservations, mineral conveyances and rights of way of record. IN WITNESS WHEREOF, the Grantor, acting in his capacity as Trustee of the __________________ Trust, this the ______ day of __________________ , 20 ______ . _________[name of trust]_______________ By Signature       Type or Print Name State of OKLAHOMA , County of __________________ , SS. Before me, a Notary Public in and for said County and State, on this ______ day of , 20 ______ , personally appeared ______________________________ to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that she executed the same as her free and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and seal the day and year last above written. (SEAL) Notary Public Mineral Deed Page 2 of 3 My Commission expires:       Type or Print Name Names and address of the Grantees: Name:       Address:       City/State/Zip:       Name:       Address:       City/State/Zip:       Mineral Deed Page 3 of 3 EXHIBIT A Grantor Trust:       Grantees:             Legal Description:       Exhibit A