Oklahoma Deed Requirements

Oklahoma has enacted statutory rules governing deed formatting and requiring certain information within deeds conveying Oklahoma real estate. A deed that is improperly formatted or omits necessary content may result in an ineffective conveyance or rejection by the county clerk.

Formatting Standards for Oklahoma Deeds

Oklahoma formatting standards deal with the arrangement and format of each of the elements of Oklahoma deeds. Oklahoma deeds must meet the following formatting requirements:

• Paper. The paper used for an Oklahoma deed cannot exceed 8 ½ x 14 inches (legal size). A deed’s paper must be of a color that allows for copying using the equipment in the county clerk’s office.¹
• Print. Ink printed on an Oklahoma deed must be dark enough and large enough—typically, at least 10-point font—to allow copying using the equipment in the county clerk’s office.²
• Margins. A deed’s top margin must measure one (1) inch. All other margins must be at least ½ inch. A deed must also include a blank space sufficiently large to allow the clerk to add a documentary stamp and other recording information.³
• Legibility. An Oklahoma deed must be sufficiently clear and legible to permit the creation of readable copies and scanned images without magnification or other text enhancement.⁴
• Original Document. A deed or other instrument presented for recording must be an original document or a certified copy of an original document.⁵

Content Requirements for Oklahoma Deeds

Oklahoma content requirements govern the substantive provisions that must be included in each Oklahoma deed form. Oklahoma deeds must meet the following content requirements:

• English Language. An Oklahoma deed must be written exclusively in the English language.⁶
• Conveyance Information. A deed must provide sufficient details of the conveyance—including the current owner’s and new owner’s names, the date of the transfer, and a clause vesting title to the property in the new owner.⁷ Oklahoma deeds customarily include a statement of consideration, but the absence of consideration does not invalidate an Oklahoma deed.
• Legal Description. A deed must contain a legal description of the transferred real estate.⁸ A property’s description must include any information necessary for indexing—such as relevant addition, block and lot, section, township and range, and metes and bounds if necessary for location.⁹ If the transferred property is a condominium or similar unit, the deed must state the unit designation and refer to the unit-ownership declaration by book-and-page number and date.¹⁰ Oklahoma deeds customarily include the property’s address immediately beneath the legal description.
• New Owner’s Name and Address. An Oklahoma deed must identify the return address where the county clerk should deliver the deed after recording (typically the new owner’s address).¹¹ The new owner’s name and address must appear on the face of the deed if the real estate was sold.¹²
• Marital Status. An Oklahoma deed should identify the current owner’s marital status.¹³
• Deed to Trust. A deed conveying real estate to an express written trust may transfer title to the trust itself.¹⁴ A deed that transfers title to a trustee must sufficiently identify the trust to notify third parties of the trust’s existence.¹⁵ Another recorded instrument—such as a memorandum of trust—may serve as evidence of the trust’s existence if referenced in the deed.¹⁶

Signing Requirements for Oklahoma Deeds

An Oklahoma deed is not valid unless it is signed as required by law. Oklahoma deeds must meet the following signature requirements:

• Signatures. The current owner of the transferred real estate must sign an Oklahoma deed.¹⁷ An agent acting under power of attorney may execute a deed on the owner’s behalf if a valid power-of-attorney instrument is recorded in the county.¹⁸
• Notarization. The current owner’s signature must be acknowledged under seal by a notary or other authorized officer.¹⁹ The Oklahoma Legislature provides suggested notary acknowledgment forms within Okla. Stat. 49-119.
• Spousal Signature for Homestead. Both spouses must sign a deed if the owner is married and the real estate qualifies as a homestead—unless the non-owner spouse resides outside Oklahoma.²⁰ If the property is not a homestead, both spouses should execute the deed, or the non-owner spouse must execute an affidavit attesting that the property is not a homestead and relinquishing any claim on the property.²¹
• Trust as Party. If a trust owns the transferred real estate, the trustee executes the deed in the name of the trust. Written evidence of the trust—such as a memorandum of trust—must also be recorded in the county’s land records.²²

Fees for Oklahoma Deeds

To be recorded, each deed sent to the county clerk should include the following:

• Recording. Oklahoma deeds are recorded with the registrar of deeds—part of the county clerk’s office—of the county where the real estate is situated.²³ If a parcel rests in more than one county, a certified copy of a deed recorded in one county may be recorded in other counties.²⁴
• Recording Fees. The recording fee for recording an Oklahoma deed is $18.00 for the first page and $2.00 for each additional page.²⁵ The county clerk may reject a deed that fails to satisfy recording specifications. Alternatively, the clerk may record a non-conforming deed that is legible and sufficiently clear for copies and charge an additional non-conforming document fee. The fee amount is $25.00 for recording the first page and $10.00 for each additional page.²⁶
• Documentary Stamp Tax. A deed transferring purchased real estate must have a documentary stamp showing payment of the transfer tax—called a documentary stamp tax—before filing.²⁷ The tax is assessed at a rate of $0.75 for each $500.00 of the property’s sale price.²⁸ The new owner must present evidence of the sale price to the county clerk at the time of recording to allow calculation of the tax.²⁹ Oklahoma’s transfer tax does not apply to gifted real estate and certain types of deeds exempted by statute.³⁰

Deeds Exempt from Oklahoma Transfer Tax

Oklahoma’s documentary stamp tax law lists fourteen types of deeds that are exempt from the tax.³¹ Exempt deeds include:

• 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 a 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.

1. Okla. Stat. §19-298(B). 
2. Okla. Stat. §19-298(B).
3. Okla. Stat. §19-298(B).
4. Okla. Stat. §16-28(A); Okla. Stat. §19-298(C).
5. Okla. Stat. §19-298(C).
6. Okla. Stat. §16-28(A).
7. See Okla. Stat. §16-40; Okla. Stat. §16-41.
8. Okla. Stat. §19-298(A).
9. See Okla. Stat. §19-287; Okla. Stat. §19-291.
10. Okla. Stat. §60-515(A).
11. Okla. Stat. §19-298(A).
12. Okla. Stat. §68-32-3203(C).
13. Okla. Stat. §16-4(A).
14. Okla. Stat. §60-175.6a.
15. Okla. Stat. §60-156(A).
16. Okla. Stat. §60-156(B); Okla. Stat. §60-175.6a.
17. Okla. Stat. §16-26; Okla. Stat. §19-298(B).
18. Okla. Stat. §16-3; Okla. Stat. §16-20.
19. Okla. Stat. §16-15; Okla. Stat. §16-26; Okla. Stat. §16-35.
20. Okla. Stat. §16-4(A – C); Okla. Stat. §16-6.
21. Okla. Stat. §16-13(B).
22. Okla. Stat. §60-156; Okla. Stat §16-53(A)(7); Okla. Stat. §60-175.6a.
23. Okla. Stat. §19-286; Okla. Stat. §16-16.
24. Okla. Stat. §16-43.
25. Okla. Stat. §28-32.
26. Okla. Stat. §19-298(A) and (C).
27. Okla. Stat. §68-3201(A).
28. Okla. Stat. §68-3201(A).
29. Okla. Stat. §68-3203.
30. Okla. Stat. §68-3201(B).
31. Okla. Stat. §68-3202(1 – 14).