An Oklahoma quitclaim deed form is the easiest way to transfer real property. Unlike other deed forms, the quitclaim deed only transfers the interest that the grantor (the party transferring the property) has in the property.
The grantor makes no legally enforceable promises about having good title to the property. A quitclaim deed gives the grantee (the person receiving the property) no right to sue the grantor if someone else later shows up with a better claim to the property.
For this reason, quitclaim deeds are usually used in circumstances where the parties know each other already such as between family members.
Oklahoma Quitclaim Deed Laws and Requirements
Per state law, an Oklahoma quitclaim deed must be in writing, describe the property, and be signed by the grantor. The grantor’s signature must be acknowledged and the deed must be recorded.
When recording the deed, you will need to pay a recording fee and a documentary stamp tax, which is a transfer tax.
Laws
The laws governing transfers of real property in Oklahoma are found in Title 16, Chapter 1 of the Oklahoma Statutes. The quitclaim deed statute, which defines a quitclaim deed, is 16 Oklahoma Statutes § 16-18.
Legal Description
The property’s legal description, which is different from the property’s mailing address, must be included in the deed.
The legal description should contain the land parcel identifier number if assigned by the County Assessor, Clerk, or Treasurer, as well as the addition, block and lot, section, township and range, and metes and bounds (property boundaries described by landmarks) if necessary for location.
Signing
Under 16 Oklahoma Statutes § 16-4, a deed is valid as long as the grantor signs the deed. The grantee does not need to sign the deed.
Acknowledgments
16 Oklahoma Statutes § 16-26 provides that the grantor’s signature must be acknowledged to record a deed.
The acknowledgment must be made before a notary public or certain other public officials under seal according to 16 Oklahoma Statutes § 16-35.
Terminology
16 Oklahoma Statutes § 16-41 provides that a quitclaim deed may use the following language substantially “do hereby quitclaim, grant, bargain, sell and convey.”
Transfer Tax
Per 68 Oklahoma Statutes § 68-3201, Oklahoma imposes a transfer tax, called a documentary stamp tax, on nearly all property transferred using a quitclaim deed.
The property must either have a value of or have been sold for at least $100 for the tax to apply. The tax must be paid to the appropriate County Clerk when the deed is recorded, and the tax is at a rate of $0.75 for each $500.00 paid for the property.
Some transfers are exempt from the documentary stamp tax such as transfers between certain family members (e.g., husband and wife, parent and child) under 68 Oklahoma Statutes § 68-3202.
Additional Documents
There is no additional documentation required for an Oklahoma quitclaim deed form.
Witnesses
A witness is not necessary for an Oklahoma quitclaim deed other than the acknowledgment requirement.
Recording
16 Oklahoma Statutes § 16-15 expressly provides that recording a deed is the only way to protect a grantee’s property rights from a third party (someone other than the grantor).
Deeds are recorded with the County Clerk where the property is located. The County Clerk will require a recording fee.
Per 19 Oklahoma Statutes § 19-298, all documents submitted for recording must conform to certain requirements including the following:
- be legible and in the English language
- be no larger than 8 and one-half inches by 14 inches in size
- have at least one inch top margin and at least one-half inch for all other margins
- list the mailing address of the party to which the instrument is to be delivered after recording
- describe the property by its specific legal description.
If the document does not meet these requirements, the County Clerk may still record it and charge additional fees for nonconforming documents.
How to Write & File a Quitclaim Deed in Oklahoma
Follow the steps below to write and file a quitclaim deed in California.
Step 1 – Obtain Quitclaim Deed Form
Download the Oklahoma quitclaim deed form. You can fill it out on a computer or by hand.
Step 2 – Write Preparer Details
On the top of the first page of the form, under the words “prepared by,” add the name and address of the person filling in the form.
Step 3 – Fill in ‘Return To’ Information
After the words “After recording return to,” record the name and mailing address of the recipient who will get the deed after the County Clerk’s Office records it. This is usually the buyer (grantee).
Step 4 – Note Consideration
After “consideration in the sum of” write the dollar amount, in words, that the grantee is paying to the grantor if any. Then, add the numerical value in parentheses.
Step 5 – Write Grantor’s Details
Record the grantor’s full and provide the grantor’s mailing or residential address.
Step 6 – Enter Grantee’s Information
Write the full name of the grantee and provide the grantee’s mailing or residential address
Step 7 – Note Property County
Enter the county where the property is located. Then write the specific legal description of the property.
If it has a land parcel identifier number assigned by the County Assessor, Clerk, or Treasure, include that number on the deed.
For indexing, include the addition, block and lot, section, township, range, and metes and bounds if necessary for location. You can attach an additional document to cover these pieces of information.
Step 8 – Get Quitclaim Deed Notarized
On the second page, the grantor must sign and print their name in the presence of a notary. The notary needs to notarize under the grantor’s signature.
Step 9 – File Your Oklahoma Quitclaim Deed
Submit the Oklahoma quitclaim deed form for recording with the County Clerk’s Office in the property’s county. Before bringing the deed, check with the County Clerk’s office to see what fees or other documentation need to be included.
Sample Oklahoma Quitclaim Deed
Below is an example of what an Oklahoma quitclaim deed looks like.
Oklahoma Quitclaim Deed Sample
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