Oklahoma Deed Forms for Real Estate Transfers

What types of deeds are recognized in Oklahoma?

Oklahoma law recognizes three general forms of deeds—warranty deeds, special warranty deeds, and quitclaim deeds—that a property owner can use to transfer real estate. The three deed forms differ in the warranty of title provided by the current owner (the grantor) to the new owner (the grantee). Warranty of title is essentially a guaranty that the property owner holds clear title to the real estate free from title defects.¹ Title defects covered by a warranty could include undisclosed liens, adverse third-party claims, or chain-of-title problems arising from a prior defective conveyance.²

Oklahoma Warranty Deed Form

An Oklahoma warranty deed form transfers Oklahoma real estate with a complete warranty of title.³ The current owner guarantees that the deed transfers clear title and that the owner has the power to transfer the real estate.⁴ The current owner also promises that—if an adverse claim against the title arises later—the current owner will defend the title transferred to the new owner. The new owner can bring a breach of warranty suit against the current owner if an undisclosed problem with the title reduces the property’s value or otherwise causes the new owner financial harm.⁵

Though Oklahoma’s real estate statutes expressly authorize warranty deeds, Oklahoma courts often call them general warranty deeds to distinguish them from special warranty deeds.⁶

Oklahoma Special Warranty Deed Form

An Oklahoma special warranty deed form transfers Oklahoma real estate with a limited warranty of title. The current owner makes the same guaranty as with a warranty deed, but the scope of the warranty is limited to the time while the current owner owned the property.⁷ The warranty covers title defects that arose while the current owner held title. A defect rooted earlier in the property’s history is outside the warranty.

Oklahoma does not expressly authorize special warranty deeds by statute. Special warranty deeds are derived instead from common law and the parties’ right to contractually agree to the terms of the conveyance.⁸

Oklahoma Quitclaim Deed Form

An Oklahoma quitclaim deed form transfers—with no warranty of title—whatever rights, title, and interests the current owner holds in the real estate.⁹ The new owner receives the entire ownership interest the current owner can convey, but the current owner makes no guarantee or representation regarding the validity or quality of the interest.¹⁰ The new owner cannot sue the current owner for breach of warranty if the title is defective because a quitclaim deed provides no warranty.

What types of estate planning deeds does Oklahoma use?

Oklahoma law recognizes a few additional deed forms designed for specific purposes and not defined by the warranty of title involved. Transfer on death deeds and life estate deeds are of particular relevance to estate planning.

• Transfer on Death Deeds. An Oklahoma transfer on death deed—sometimes called TOD deed or beneficiary deed—designates a beneficiary to take title to real estate upon the owner’s death.¹¹ TOD deeds allow real estate to bypass the owner’s future probate estate without restricting the owner’s rights in the property during life.¹²
• Life Estate Deeds. An Oklahoma life estate deed creates or reserves an ownership interest in real estate measured by the life of the interest holder—or life tenant.¹³ When the life tenant dies, title transfers to a remainderman named in the life estate deed.¹⁴ A remainderman—unlike a TOD deed’s beneficiary—has a vested future interest in the real estate during the life tenant’s life. The remainderman’s future interest limits the life tenant’s rights in the real estate—including the right to sell or mortgage the property.

Where are deeds filed in Oklahoma?

County clerks for each of Oklahoma’s counties are responsible for maintaining land records in their counties.¹⁵ A person who wishes to record a deed submits the executed document to the county clerk’s office for the county where the real estate is located. Oklahoma law requires all county clerks to accept deeds filed in paper format—though some clerks’ offices also accept deeds for filing electronically.¹⁶

A recorded deed serves as constructive notice of the transaction to subsequent purchasers, creditors, lien-holders, and other interested third parties.¹⁷ A properly executed and recorded deed creates a rebuttable presumption that the document is authentic and the signer had the authority to execute the deed.¹⁸

What is the cost to file an Oklahoma deed?

County clerks in Oklahoma charge $18.00 for recording a deed’s first page and $2.00 for each additional page.¹⁹ Oklahoma also assesses a transfer fee—called a documentary stamp tax—that must be paid before the clerk will accept a non-exempt deed for recording.²⁰ After receiving payment, the county clerk affixes the necessary stamp to the deed.²¹

Oklahoma’s documentary stamp tax rate is $0.75 for each $500.00 of a property’s purchase price.²² The seller is usually responsible for paying the tax—though the parties may agree that the buyer will pay.²³ Oklahoma does not require a separate form or return for the documentary stamp tax, but the person paying the tax must present evidence of the purchase price when making payment to the clerk.

What deeds are exempt from Oklahoma’s real estate transfer fee?

Oklahoma’s documentary stamp tax statute exempts deeds transferring real estate for less than $100.00 consideration.²⁴ Consideration includes value paid presently, value to be paid in the future, and assumption of indebtedness.²⁵ The following categories of deeds are also exempt from Oklahoma’s transfer tax:²⁶

• Deeds securing debts;
• Deeds correcting a previously recorded deed;
• Deeds transferring real estate to a close relative for no consideration—including a deed to a spouse in connection with divorce proceedings;
• Deeds from the property owner to an express revocable trust created by the owner or the owner’s spouse;
• Deeds to a partnership, LLC, or corporation if the transferor or a close relative—such as the transferor’s spouse—are the only owners of the entity;
• Deeds of partition;
• Deeds relating to mergers of entities;
• Deeds from a subsidiary to a parent company for no consideration; and
• Deeds to or from governmental agencies.

Methods for Multiple Owners to Hold Title to Oklahoma Real Estate

There are several ways that multiple owners may co-own Oklahoma real estate.

Tenancy in Common

Tenants in common jointly own the same real estate, but each owner holds a separate and distinct fractional interest in the property.²⁷ A tenant in common can transfer an interest independently of the other owner or devise the interest by will. Oklahoma law assumes co-owners are tenants in common if the deed through which co-owners acquire title does not specify a different form of co-ownership.²⁸

Joint Tenancy

Joint tenancy is a form of co-ownership of real estate characterized by a right of survivorship.²⁹ Right of survivorship means that—when one joint tenant dies—full title to the property vests in the surviving joint tenant. A deceased joint tenant’s interest does not become part of the probate estate and cannot be devised by will.

A deed intended to create a joint tenancy in Oklahoma real estate must expressly state that the new owners are joint tenants.³⁰ Joint tenants must receive their interests through the same deed or will—though Oklahoma authorizes an individual property owner to execute a deed transferring real estate to the owner and another person to create a joint tenancy with right of survivorship.³¹

Tenancy by the Entirety

Tenancy by the entirety is a form of joint ownership with a right of survivorship similar to joint tenancy but only available for married spouses.³² The primary practical difference between joint tenancy and tenancy by the entirety in Oklahoma is that tenants by the entirety are limited in their ability to transfer their interests without the other owner’s consent.

Co-ownership through a Trust

Two or more persons can effectively co-own Oklahoma real estate through a trust. The Oklahoma Trust Act³³ authorizes trusts evidenced by a signed, written instrument to own real estate.³⁴ To co-own real estate through a trust, property owners create a trust with a named trustee and the owners as beneficiaries.³⁵ A beneficiary can also serve as a co-trustee.³⁶

After forming the trust, the owner transfers title to the real estate to the trust, and the trustee manages the property for the beneficiaries’ benefit.³⁷

Spousal Ownership of Real Estate in Oklahoma

Oklahoma law allows spouses to jointly own real estate in tenancy in common, joint tenancy, or tenancy by the entirety.³⁸ A married person can also own Oklahoma real estate individually. Oklahoma is not a community-property state, and the Oklahoma Legislature has abolished traditional rights of dower and curtsey.³⁹ Oklahoma does, though, have statutory spousal protections affecting a married person’s rights in individually owned real estate.

Homestead Property

Both spouses must join in a conveyance of Oklahoma real estate that qualifies as a homestead—even if only one spouse’s name is on the deed.⁴⁰ A non-owner spouse must either co-sign the deed conveying a homestead or execute a separate deed. A married owner also cannot transfer a homestead by will except to the other spouse.⁴¹

Oklahoma law defines homestead as a property serving as the owner’s principal residence and up to 160 acres of land outside a city or town or up to one acre within a city or town.⁴²

A non-owner spouse’s consent is not formally required to convey individually owned real estate that does not qualify as a homestead. However, a deed should state the non-homestead status and satisfy one of the following criteria to avoid future title problems:

• Co-signed by the non-owner spouse;
• Accompanied by the non-owner spouse’s affidavit attesting to the property’s non-homestead status; or
• Accompanied by a separate deed executed by the other spouse and stating that the property is not a homestead.⁴³

Spousal Elective Share

Oklahoma’s spousal elective share law guarantees a surviving spouse an interest in a deceased spouse’s estate even if the deceased spouse’s will disinherits the surviving spouse.⁴⁴ The elective share consists of one-half of estate assets obtained during the marriage from the couple’s “joint industry.”⁴⁵

If a deceased spouse leaves no will, the surviving spouse’s intestate share is one-half of the estate—including real estate—unless no other close relatives survive the deceased spouse.⁴⁶ The surviving spouse inherits the entire estate if the deceased spouse leaves no closely related kin.

Oklahoma Deeds to and from Trusts

A living trust or other trust that owns Oklahoma real estate must be evidenced by a written declaration of trust or similar instrument signed by the person who created the trust—called the trust’s grantor.⁴⁷ Alternatively, a deed through which a trust takes title to real estate may create or declare the trust.⁴⁸

An express trust can hold title to Oklahoma real estate in the name of the trust itself.⁴⁹ That means a deed transferring real estate to a trust may name the trust itself as the new property owner—rather than the trustee in the trustee’s representative capacity. A deed may transfer title to the trustee, but simply identifying the trustee as trustee—without more—is insufficient to put third parties on notice of the trust’s existence.⁵⁰

A trustee must record a memorandum of trust in the county land records when a trust receives title to real estate.⁵¹ The memorandum identifies—at a minimum—the date of the trust’s creation and the trustee’s name.

A trust’s trustee executes a deed transferring real estate from the trust to another person.⁵²

Oklahoma Deeds to and from Corporations

A corporation executes an Oklahoma deed through an attorney in fact or an authorized officer of the corporation.⁵³ A corporation’s president, vice-president, chairman, or vice-chairman of the board of directors can sign a deed for the corporation.⁵⁴ Oklahoma provides a suggested notary acknowledgment form for use by corporations.⁵⁵ A corporation need not affix a corporate seal to an Oklahoma deed.

Oklahoma Deeds to and from LLCs

Oklahoma’s Limited Liability Company Act authorizes Oklahoma LLCs to acquire, hold, and transfer interests in real estate.⁵⁶ A manager signs a deed on behalf of a manager-managed LLC.⁵⁷ A member signs a deed on behalf of a member-managed LLC.⁵⁸

Oklahoma Deeds to and from Partnerships.

An Oklahoma partnership can hold title to real estate in the name of the partnership or in the name of an individual partner with the partnership capacity specified in the deed.⁵⁹

A partner ordinarily has the authority to execute a deed on behalf of a partnership.⁶⁰ A recorded statement of authority designating individuals with the power to act for a partnership preempts a partner’s general presumption of authority.⁶¹ If an individual partner holds title in the partnership capacity, that partner must sign a deed transferring the real estate.⁶²

Oklahoma recognizes two forms of partnership: general partnership and limited partnership. Limited partnerships have two classes of partners—general partners and limited partners. Limited partners—sometimes called silent partners—have an ownership interest in the partnership but are not typically involved in day-to-day operations. A general partner signs a deed on behalf of a limited partnership.⁶³. A limited partner lacks authority to execute a deed for a limited partnership.⁶⁴

1. Schiff v. Dixon, 227 P.2d 639 (Okla. 1951).
2. See Okla. Stat. §36-709.
3. Okla. Stat. §16-40.
4. Okla. Stat. §16-19.
5. See Okla. Stat. §16-24; Okla. Stat. §16-25.
6. See Depuy v. Selby, 195 P. 107 (Okla. 1919).
7. Whayne v. McBirney, 157 P.2d 161 (Okla. 1945).
8. See Depuy v. Selby, 195 P. 107 (Okla. 1919).
9. Okla. Stat. §16-41.
10. Okla. Stat. §16-18.
11. Okla. Stat. §1252(A).
12. Okla. Stat. §58-1258; Okla. Stat. §58-1257.
13. Okla. Stat. §16-22(2).
14. See Okla. Stat. §60-30.
15. Okla. Stat. §19-286.
16. Okla. Stat. §16-86.4.
17. Okla. Stat. §16-16.
18. Okla. Stat. §16-53.
19. Okla. Stat. §28-32.
20. Okla. Stat. §68-3201.
21. Okla. Stat. §68-3203(B).
22. Okla. Stat. §68-3201(A).
23. Okla. Stat. §68-3203(A).
24. Okla. Stat. §68-3201(A).
25. Okla. Stat. §68-3201(C)(3).
26. See Okla. Stat. §68-3202(1 – 14).
27. Matthews v. Matthews, 961 P.2d 831 (Okla. 1998).
28. See Okla. Stat. §60-74.
29. Flesher v. Flesher, 258 P.2d 899 (Okla. 1953).
30. Okla. Stat. §60-74.
31. Okla. Stat. §60-74.
32. Okla. Stat. §60-74.
33. Okla. Stat., Tit. 60, Ch. 4 (Okla. Stat. §§60-175.1, et. seq.).
34. Okla. Stat. §60-136; Okla. Stat. §60-175.6a.
35. Okla. Stat. §60-175.3(C) and (K); Okla. Stat. §60-175.6.
36. Okla. Stat. §60-175.6(F).
37. Okla. Stat. §60-175.6a.
38. See Okla. Stat. §60-74.
39. Okla. Stat. §84-214.
40. Okla. Stat. §16-4(A).
41. Okla. Stat. §84-44(B)(1).
42. Okla. Stat. §31-1; Okla. Stat. §31-2.
43. See Okla. Stat. §16-13(B).
44. Okla. Stat. §84-44(B).
45. Okla. Stat. §84-44(B)(1).
46. Okla. Stat. §84-213.
47. Okla. Stat. §60-136.
48. Okla. Stat. §60-136(2).
49. Okla. Stat. §60-175.6a.
50. Okla. Stat. §60-156.
51. Okla. Stat. §60-175.6a.
52. Okla. Stat. §60-175.6a.
53. Okla. Stat. §16-91; Okla. Stat. §16-93.
54. Okla. Stat. §16-93.
55. Okla. Stat. §16-95.
56. Okla. Stat. §18-2003(4) and (5).
57. Okla. Stat. §18-2019(B).
58. Okla. Stat. §18-2015(A)(3).
59. Okla. Stat. §54-1-204.
60. Okla. Stat. §54-1-302(a).
61. Okla. Stat. §54-1-303(d).
62. Okla. Stat. §54-1-302(a).
63. Okla. Stat. §54-500-402A.
64. Okla. Stat. §54-500-302A.