Quitclaim Deeds and Transferring Property in Oklahoma
How to sign and record a quitclaim or other deed in Oklahoma, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: A deed must be in writing and signed by the grantor. No subscribing witness is needed. To be recorded, a deed must be executed and acknowledged in substantial compliance with the statutes (acknowledged before a notary or other authorized officer), and an unrecorded or unacknowledged deed… 16 O.S. §§ 2, 4, 15, 26, 40, 41; 68 O.S. § 3201
| Signing and recording a deed | A deed must be in writing and signed by the grantor. No subscribing witness is needed. To be recorded, a deed must be executed and acknowledged in substantial compliance with the statutes (acknowledged before a notary or other authorized officer), and an unrecorded or unacknowledged deed is not valid against third parties. Deeds are recorded with the county clerk of the county where the land is located. The statutes include short forms for warranty and quitclaim deeds. A documentary stamp tax of $0.75 per $500 of consideration (or fraction) applies to deeds for realty that is sold when the consideration exceeds $100; it does not apply to conveyances that are not sales. Exemptions from the documentary stamp tax are listed in 68 O.S. § 3202. |
|---|---|
| Transfer-on-death deed | Yes, under the Nontestamentary Transfer of Property Act. The owner must sign, acknowledge and record the transfer-on-death deed with the county clerk where the property is located before death; the statutory form includes two witnesses and a notary acknowledgment. No consideration and no notice to or consent of the beneficiary is needed, and the deed can be revoked or changed only by recording a revocation or a later TOD deed (not by a will). After the owner's death, each beneficiary must sign an affidavit (with a copy of the death certificate attached) and record it with the county clerk within nine months of the death, or the interest reverts to the owner's estate. The beneficiary takes subject to recorded mortgages and liens. A beneficiary who dies before the owner loses the gift unless the deed names the beneficiaries as joint tenants with right of survivorship. |
Official forms
- Transfer-on-Death Deed form (58 O.S. § 1253, in Title 58)
- Transfer-on-Death Deed form (58 O.S. § 1253)
Free Oklahoma quitclaim deed template — fill in and print
More Oklahoma estate law
- Medical Power of Attorney in Oklahoma
- Small Estate Affidavit in Oklahoma
- Power of Attorney in Oklahoma
- Who Inherits If You Die Without a Will in Oklahoma
- How to Make a Valid Will in Oklahoma
- How Probate Works in Oklahoma
- Living Wills and Advance Directives in Oklahoma
- Revocable Living Trusts in Oklahoma
- Executor Duties in Oklahoma
- Letters Testamentary in Oklahoma
- Affidavit of Heirship in Oklahoma
- How to Avoid Probate in Oklahoma
- Transferring a Car After Someone Dies in Oklahoma
- All Oklahoma wills, probate and estate rules
FAQ
What does a quitclaim deed need to be valid in Oklahoma?
A deed must be in writing and signed by the grantor. No subscribing witness is needed. To be recorded, a deed must be executed and acknowledged in substantial compliance with the statutes (acknowledged before a notary or other authorized officer), and an unrecorded or unacknowledged deed is not valid against third parties. Deeds are recorded with the county clerk of the county where the land is located. The statutes include short forms for warranty and quitclaim deeds. A documentary stamp tax of $0.75 per $500 of consideration (or fraction) applies to deeds for realty that is sold when the consideration exceeds $100; it does not apply to conveyances that are not sales.
Does Oklahoma allow transfer-on-death deeds?
Yes, under the Nontestamentary Transfer of Property Act. The owner must sign, acknowledge and record the transfer-on-death deed with the county clerk where the property is located before death; the statutory form includes two witnesses and a notary acknowledgment. No consideration and no notice to or consent of the beneficiary is needed, and the deed can be revoked or changed only by recording a revocation or a later TOD deed (not by a will). After the owner's death, each beneficiary must sign an affidavit (with a copy of the death certificate attached) and record it with the county clerk within nine months of the death, or the interest reverts to the owner's estate.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.