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Free Oklahoma Quit Claim Deed Form
Use this free Oklahoma quit claim deed form to transfer real property to a family member, a trust, an LLC, or a co-owner. Oklahoma deeds are recorded with the County Clerk of the county where the property is located. The deed shows each grantee's mailing address, and each grantee signs a sworn Affidavit of Land Ownership (60 O.S. § 121) that is attached to the deed unless the deed states an exemption. Documentary stamp tax of $0.75 for each $500 of consideration is due when the consideration exceeds $100, unless the deed states an exemption.
This form prepares the sworn Affidavit of Land Ownership for each grantee (60 O.S. § 121), states any documentary stamp tax exemption (68 O.S. § 3202), and adds the homestead joinder for a married grantor's spouse when the property is the homestead (16 O.S. § 4).
Oklahoma Quit Claim Deed Form
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Your deed needs to be notarized before recording
All quit claim deeds must be notarized to be legally valid. Notarize online from your phone or computer — no travel required, available 24/7.
Notarize Online with NotaryLive →Oklahoma Quit Claim Deed Requirements
Before recording a quit claim deed in Oklahoma, make sure the document meets these requirements:
- ✓Deed must be in writing, signed by the grantor(s), and acknowledged before a notary public. No witnesses are required
- ✓Printed or typed name beneath every signature
- ✓Property must be identified by its legal description
- ✓Deed must name the grantor(s) and grantee(s) by full legal name and show each grantee's mailing address
- ✓An Affidavit of Land Ownership signed under oath by each grantee and attached to the deed, unless the deed states an exemption under 60 O.S. § 121(C)
- ✓Documentary stamp tax of $0.75 for each $500 of consideration or fraction of $500 when the consideration exceeds $100, or a statement on the face of the deed of the exemption claimed (68 O.S. §§ 3201, 3202)
- ✓When the property is the grantor's homestead and the grantor is married, the grantor's spouse must also sign the deed (16 O.S. § 4)
- ✓A deed signed by an attorney-in-fact requires the power of attorney to be recorded first in the same county (16 O.S. § 20)
- ✓Parcel identification number on the deed in counties that have adopted a parcel identifier system (19 O.S. § 299)
- ✓Paper no larger than 8.5 by 14 inches, with a 2 inch top margin and 1 inch margins on the other sides (19 O.S. § 298)
- ✓Must be recorded with the County Clerk in the county where the property is located. Recording fees are paid at the time of filing
After You Record Your Deed in Oklahoma
After the County Clerk records your deed, the original is returned to the grantee mailing address shown on the deed, so make sure that address is current. Recording is not required for the deed to be valid between the grantor and the grantee, but it protects the grantee against later purchasers, lenders, and creditors, so record the deed promptly. The county assessor uses recorded deeds to update ownership records.
Common Uses for a Quit Claim Deed in Oklahoma
Oklahoma quit claim deeds are used most often to transfer property between family members, including transfers between spouses in connection with divorce or marriage and gifts from parents to children. Transferring property into a revocable living trust is a common estate planning step, and owners also move property into an LLC they control or correct a problem in a prior deed.
Oklahoma Quit Claim Deed FAQ
Does a quit claim deed need to be notarized in Oklahoma?
Yes. The grantor's signature must be acknowledged before a notary public before the County Clerk will record the deed, and a spouse who joins to release homestead acknowledges their signature as well. Each grantee's Affidavit of Land Ownership is sworn before a notary. No witnesses are required. Oklahoma recognizes acknowledgments taken by notaries in other states and by remote online notarization (49 O.S. §§ 115, 118).
Where do I record a quit claim deed in Oklahoma?
You record the deed with the County Clerk in the county where the property is located. Oklahoma has 77 counties, each with its own County Clerk. Recording fees are set by statute and paid when you file.
Is there a transfer tax in Oklahoma?
Yes. Oklahoma documentary stamp tax is $0.75 for each $500 of consideration or fraction of $500, and it applies only when the consideration exceeds $100 (68 O.S. § 3201). The stamps are purchased from the County Clerk and affixed to the deed before it is recorded, and the clerk may ask for proof of the consideration, such as the purchase contract, the closing statement, or a signed Oklahoma Tax Commission Form 961. A deed that is exempt must state the exemption on its face.
Are there exemptions to the Oklahoma documentary stamp tax?
Yes. 68 O.S. § 3202 exempts, among others, deeds that confirm or correct a deed already recorded, deeds between spouses, between parent and child, or between close relatives without actual consideration, deeds between a person and their own revocable trust, deeds of partition, and deeds to which the United States or the State of Oklahoma is a party. A conveyance without consideration, including a bona fide gift, is also exempt (OAC 710:30-1-9). The exemption relied on must be stated on the face of the deed.
What is the Oklahoma Affidavit of Land Ownership?
Under 60 O.S. § 121, each grantee signs a sworn affidavit, on the Attorney General's form, stating that they are taking title in compliance with Oklahoma's restrictions on land ownership by aliens who are not bona fide Oklahoma residents. An individual grantee uses the individual form, and an LLC, corporation, or trust grantee uses the business or trust form, signed by an authorized officer or trustee. The affidavit is notarized and attached to the deed as an exhibit. A deed that only confirms or corrects a recorded deed, cures a title defect, or conveys to a government or a tribe is exempt and states the exemption on its face instead.
Does my spouse need to sign an Oklahoma quit claim deed?
Only when the property is the homestead. Oklahoma requires both spouses to join in a deed of homestead property (16 O.S. § 4). If the property is not your homestead, your spouse does not need to sign. The spouse also does not sign separately when they are already signing as a co-grantor or are receiving the property as a grantee.
What is a legal description and where do I find it in Oklahoma?
A legal description in Oklahoma is typically a government survey description using section, township, and range for rural property, a lot and block description for property in a platted addition, or a metes and bounds description. You can find the legal description on your existing deed, your title insurance policy, or through the County Clerk's or county assessor's records. A street address alone is not a legal description.
What to Bring When Recording Your Oklahoma Quitclaim Deed
Before you go to the County Clerk's office, make sure you have everything on this list to avoid delays.
- 1Executed deed, signed and notarized
- 2An Affidavit of Land Ownership for each grantee, sworn before a notary and attached to the deed, unless the deed states an exemption
- 3Documentary stamp tax payment to the County Clerk ($0.75 for each $500 of consideration over $100), unless the deed states an exemption
- 4Proof of consideration if the County Clerk asks for it, such as the purchase contract, the closing statement, or a signed OTC Form 961
- 5The recorded power of attorney reference, if an attorney-in-fact signs (the power of attorney must already be recorded in that county)
- 6Recording fee, paid to the County Clerk
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