If you are adding a spouse to title, removing a former spouse, giving property to a family member, moving real estate into a trust, handling an inheritance, or cleaning up ownership records, an Oklahoma quitclaim deed may be the document you are looking for.
The deed itself is often the simple part. The details that cause confusion are usually the legal description, notarization, where to record the deed, whether the documentary stamp tax applies to your situation, and Oklahoma's newer ownership affidavit requirement.
The good news is that most family gift transfers described on this page are specifically exempt from Oklahoma's documentary stamp tax.
Good News for Family Transfers:
Oklahoma's documentary stamp tax generally does not apply to real estate given as a gift. The law specifically exempts deeds to a close relative for no consideration, including a deed to a spouse connected with a divorce, along with deeds to a revocable trust created by the owner or the owner's spouse.
You still note the applicable exemption directly on the deed, but for most of the situations described on this page, the documentary stamp tax is not something you need to calculate or pay.
What You Need Before Filling Out the Deed
Before you start typing names into a deed form, gather the information Oklahoma county clerks commonly expect.
- Current deed or previously recorded deed
- Grantor's full legal name and mailing address
- Grantee's full legal name and mailing address
- Complete legal description of the property, including the parcel number if available
- Oklahoma county where the property is located
- Notary acknowledgment for the grantor's signature
- The documentary stamp tax amount, or the exemption statement and paragraph number
- Any current ownership affidavit your county requires as an attachment
- Recording fees and any county formatting requirements
How to Fill Out an Oklahoma Quitclaim Deed
Step 1: Identify the Correct County Clerk
Oklahoma deeds are recorded with the County Clerk in the county where the real property is located.
Recording in the wrong county can delay the transfer and may require the deed to be corrected or re-recorded.
Step 2: Enter the Grantor Information
The grantor is the current owner transferring their interest in the property.
Use the grantor's full legal name and mailing address. Oklahoma requires a typed or printed name beneath every signature on the deed.
Step 3: Enter the Grantee Information
The grantee is the person receiving the property interest.
Include the grantee's full legal name and mailing address, since this is used for future property tax records.
Step 4: Choose the Ownership Wording Carefully
If there is more than one grantee, be specific about the ownership form, such as tenants in common or joint tenants with right of survivorship. Married couples adding one another to title can also create a tenancy by the entirety, if that is the intended result.
Step 5: Add the Legal Description
Use the complete legal description from the current deed or a previously recorded deed, including the parcel number, metes and bounds, or block and lot references. A street address may help identify the property, but it is not a substitute for the full legal description.
Step 6: State the Consideration
Oklahoma deeds typically include a statement of consideration. For family gifts, a nominal amount such as $10 is common, without necessarily disclosing an exact market value.
Step 7: Sign and Notarize the Deed
The grantor must sign the deed, and the signature must be acknowledged before a notary public .
Oklahoma allows Remote Online Notarization (RON) , which lets you meet with a notary by secure live video instead of traveling to an office.
Before choosing online notarization, confirm your county clerk will accept a remotely notarized deed. Learn more on our Remote Online Notarization by State page.
Step 8: Handle the Documentary Stamp Tax
If your transfer is not exempt, the county clerk calculates the tax at $0.75 for each $500 of consideration, and you will need to present evidence of the price paid. If your transfer is exempt, such as a gift to a close relative, write the exemption statement and the applicable paragraph number directly on the deed instead.
Step 9: Record the Deed
Submit the signed and notarized deed, along with the recording fee and any required attachments, to the County Clerk in the county where the property is located.
Many Oklahoma counties now require an ownership affidavit attached to every deed, in addition to the usual formatting rules around margins, paper size, and font. Check with your specific county clerk for the current required forms before you submit.
Will You Owe Documentary Stamp Tax?
For a lot of the situations that bring people to this page, the answer is: usually not.
Oklahoma's documentary stamp tax generally does not apply to real estate given as a gift, and the law specifically lists several exempt categories that cover common family situations, including transfers to a close relative for no consideration, deeds to a spouse connected with a divorce, and deeds into a revocable trust created by the owner or the owner's spouse.
To claim an exemption, you write a short statement directly on the deed citing the applicable law and exemption paragraph, rather than filing a separate form.
For transfers that do involve a real sale price and don't qualify for an exemption, the tax is $0.75 for every $500 of consideration, and transfers under $100 in consideration are exempt outright.
Oklahoma Signing and Recording Notes
- Oklahoma deeds are recorded with the County Clerk in the county where the property is located.
- The grantor's signature must be notarized.
- Use the complete legal description, not just the street address.
- Gift transfers to close relatives are generally exempt from documentary stamp tax.
- Exempt transfers cite the exemption directly on the deed rather than filing a separate form.
- Many counties now require an ownership affidavit attached to the deed.
- Formatting standards, including margins and font size, vary and can trigger extra fees if not followed.
- Married couples can use a quitclaim deed to create tenancy by the entirety.
- A typed or printed name must appear beneath every signature on the deed.
- Assuming a quitclaim deed changes responsibility for a mortgage is a common misconception.
Official Oklahoma Sources
Common Oklahoma Quitclaim Deed Mistakes
- Recording in the wrong county
- Using only the street address instead of the legal description
- Not calculating documentary stamp tax when it actually applies
- Not claiming a valid exemption, resulting in unnecessary tax
- Forgetting that the deed needs a notary acknowledgment
- Missing a required ownership affidavit attachment
- Leaving off a printed or typed name beneath a signature
- Not checking a specific county's current margin and formatting requirements
- Using unclear ownership wording when there is more than one grantee
- Assuming a quitclaim deed changes responsibility for a mortgage
How This Fits Into the Oklahoma Quitclaim Deed Process
An Oklahoma quitclaim deed can be a practical way to update ownership, especially for family gifts, trust transfers, estate planning, and divorce-related transfers.
The key is to prepare the deed carefully, note the correct documentary stamp tax status, notarize it correctly, and record it with the right county clerk, including any ownership affidavit your county now requires.
Oklahoma Quitclaim Deed FAQ
Where do I record an Oklahoma quitclaim deed?
Record the deed with the County Clerk in the Oklahoma county where the property is located.
Will I owe documentary stamp tax if I give my house to a family member?
Usually not. Oklahoma's documentary stamp tax generally does not apply to gifted real estate, and it specifically exempts deeds to a close relative for no consideration, along with several trust transfers.
Does an Oklahoma quitclaim deed need to be notarized?
Yes. The grantor's signature must be acknowledged before a notary public for the deed to be recordable.
Does Oklahoma require anything besides the deed itself?
Many Oklahoma counties now require an ownership affidavit attached to the deed. Check with the specific county clerk for current requirements before recording.
Is this legal advice?
No. This page provides general educational information and is not legal advice.