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 Requirements for Oklahoma Deeds

• 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

• 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

Execution Requirements for Oklahoma Deeds

• 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

• 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).