What Is an Oklahoma Quitclaim Deed?
An Oklahoma quitclaim deed is a form that records a change of real property ownership. This document allows the owner to transfer the property to another person without providing a warranty for the property or title. A quitclaim deed often allows for easy transfers between family members or in a divorce settlement. You can also use this type of deed to correct or change title information.
Legal Templates’s free Oklahoma quitclaim deed has the necessary information and terms. Use our forms to create an effective and binding deed.
What to Include in an Oklahoma Quitclaim Deed
A quitclaim deed must include specific information, terms, and descriptions to meet state laws and be considered valid. Add the following elements to create an effective Oklahoma quitclaim deed:
- Grantor and grantee information: Clearly identify the grantor and grantee and provide the full name and address of each party.
- Legal property description: Provide the complete legal description of the affected property as required in OK Stat 19 § 298. Include the parcel number, metes and bounds, block and lot, and township.
- Granting clause/warranties: Include a statement to quitclaim the grantor’s right to the conveyed property, as displayed in OK Stat 16 § 41. Having these terms helps distinguish your agreement from a warranty deed.
- Statement of consideration: Your quitclaim deed also needs a statement of consideration to show that payment was exchanged. Typically, the consideration is a nominal amount, such as $10, to maintain privacy regarding the total value provided.
Oklahoma Quitclaim Deed Formatting Requirements
State laws in Oklahoma include specific formatting and filing requirements for quitclaim deeds. Ensure your form meets the guidelines for a valid record of the property transfer, such as:
- Document must be the original quitclaim deed or a certified copy thereof
- Documents must be on paper no larger than 8 ½ in. x 14 in.
- Documents must be on a paper color that allows them to be copied by the county clerk
- Documents must be printed with dark ink in a 10-point or larger font
- Documents must be clear and legible enough to be copied using the equipment available in the county clerk’s office
- Deeds must have a top margin of at least 1 in. and space for the clerk to add a document stamp and indexing details
- All other margins in the deed should be at least ½ in.
Sample Oklahoma Quitclaim Deed Form
Legal Templates’s free Oklahoma quitclaim deed makes it easy to create a valid and binding deed that meets your needs. Use our downloadable form, available in PDF and Word format, to transfer real property without a warranty.
How to File an Oklahoma Quitclaim Deed
Filing your quitclaim deed in Oklahoma requires gathering, recording, and submitting the proper information and terms. Follow the steps below to create and file an effective quitclaim deed for the transfer of real property.
1. Identify the Parties Involved
Include information for the document’s preparer, grantor, and grantee. Provide each party’s legal name, address, and contact information. Ensure each person’s role is recorded clearly and accurately.
2. Record Property Information
Record the full and legal description of the property being transferred with your quitclaim deed. Oklahoma requires information including the parcel number, metes and bounds, block and lot, and township. Also, note any significant renovations or changes to the property and consider including a property disclosure or description of any relevant conditions.
3. State Consideration and Taxes
Document, file, and pay any applicable consideration, fees, and taxes. The consideration refers to what the grantee pays in return for the property transfer. In a quitclaim deed, the statement of consideration can be a nominal amount, such as $10, to signify that a payment was made without sharing the exact amount. Also record taxes and fees, and decide which party will pay for filing or tax costs.
4. Gather Signatures and Notarization
Once you’ve finalized the terms and information of your Oklahoma quitclaim deed, gather the necessary signatures and validations. According to OK Stat 16 § 35, the quitclaim deed must be signed by the grantor and acknowledged by a notary public before it can be accepted for official recording.
How Much Does an Oklahoma Quitclaim Deed Cost?
A variety of state and federal fees and taxes contribute to the cost of quitclaim deeds in Oklahoma. The amounts vary depending on the property’s location, value, and ownership history. Consider the different fees and taxes applicable to determine the cost of an Oklahoma quitclaim deed.
County Filing Fees
OK Stat 28 § 32 establishes the standard fees for recording official documents with the county recorder’s office, including quitclaim deeds. Your exact county filing fees may vary depending on the length of the form and the complexity of the case. Typically, recording fees are charged as follows:
- $8.00 for the first page
- $2.00 for each additional page
- $25.00 for the first page of documents that do not conform to OK Stat 19 § 298
- $10.00 for each additional page of a non-conforming document
In most cases, the original property owner pays for filing fees, unless the terms of the deed state otherwise.
Real Estate Transfer Taxes
OK Stat 68 § 3201 explains the documentary stamp tax applied to deeds transferring property with consideration. Exemptions for this state tax are also listed under OK Stat 68 § 3202, including the following and more:
- Deeds which secure a debt or other obligation
- Deeds which, without additional consideration, confirm, correct, modify, or supplement a deed previously recorded
- Deeds between husband and wife, or parent and child, or any persons related within the second degree of consanguinity, without actual consideration
- Tax deeds
- Deeds of release of property which is security for a debt or other obligation
- Deeds of partition
Gift Taxes
If the quitclaim deed conveys property as a gift, it may be subject to federal gift taxes. This tax applies if the value of the property exceeds the IRS annual gift limit of $19,000 for 2025. File your gift taxes with your annual tax return by using Form 709.
Capital Gains Taxes
Oklahoma charges a capital gains tax, as described in OK Stat 68 § 2358. The tax is assessed as income tax on the amount of profit the grantor made when selling the property. Include any money earned from the sale as part of your annual income to ensure proper tax payments and reporting. A federal capital gains tax may apply if the property’s value has increased significantly or if it was sold for considerably more than the owner originally paid.