Deeds
The right deed, properly prepared and recorded, protects your property rights. We handle deed preparation, review, and title transfers.
📝 Key Takeaways
- Warranty deeds guarantee clear title; quitclaim deeds transfer whatever interest exists
- Oklahoma uses race-notice recording—record promptly to protect your interest (16 O.S. § 15)
- TOD deeds (58 O.S. § 1251) transfer property at death without probate
- Adding someone to your deed may trigger gift tax and affect Medicaid eligibility
- Joint tenancy includes survivorship rights; tenancy in common does not
- Deeds must be notarized and meet county format requirements for recording
Types of Deeds in Oklahoma
General Warranty Deed
The strongest protection for purchasers. The grantor guarantees:
- They own the property and have the right to convey it
- There are no undisclosed liens or encumbrances
- They will defend the title against all claims
Used in most property sales where the seller is confident in the title.
Special Warranty Deed
The grantor only guarantees against claims arising during their ownership—not before. Common in commercial transactions and bank-conveyed properties.
Quitclaim Deed
Transfers whatever interest the grantor has without any guarantees. Used for:
- Transfers between family members
- Adding or removing a spouse
- Clearing clouds on title
- Divorce property transfers
- Transfers to trusts
Deed Services We Provide
Deed Preparation
- Drafting new deeds for property transfers
- Preparing corrective deeds to fix errors
- Creating TOD (Transfer on Death) deeds
- Preparing deeds for trust transfers
- Coordinating notarization and recording
Deed Review
- Reviewing deeds before execution
- Analyzing deed language and warranties
- Identifying potential issues with legal descriptions
- Advising on appropriate deed type
Common Deed Situations
Adding or Removing Names
Whether adding a spouse, removing an ex-spouse, or adding a child, this requires a new deed. Important considerations include ownership type, tax implications, and effect on Medicaid eligibility.
Transfers to Trusts
Moving property into a living trust requires deeding the property from yourself to yourself as trustee. Proper execution is essential—an improperly funded trust provides no benefit.
Transfer on Death Deeds
Oklahoma allows TOD deeds that transfer property automatically at death while keeping full ownership during life. These can avoid probate for real property.
Corrective Deeds
When errors exist in prior deeds—misspelled names, incomplete legal descriptions, missing signatures—corrective deeds fix these issues.
Common Deed Mistakes
Avoid these errors that can cause problems:
- Using the wrong deed type: A quitclaim in a sale leaves the buyer unprotected
- Incomplete legal descriptions: Street addresses aren't enough—use the legal description
- Not considering tax implications: Adding someone creates a partial gift
- Forgetting to record: Unrecorded deeds can lose priority
- DIY deed preparation: Online forms often miss important details
Frequently Asked Questions
Common questions about deeds
What's the difference between a warranty deed and quitclaim deed? +
A warranty deed guarantees clear title and the grantor will defend against claims. A quitclaim transfers whatever interest exists with no guarantees—used between family members or to clear title.
How do I add someone to my property deed? +
Execute a new deed conveying from you to you and the other person. Decide on co-ownership type and survivorship rights. Be aware of gift tax and Medicaid implications.
Does a deed need to be recorded? +
Recording isn't required for validity between parties, but strongly recommended. Oklahoma's recording system protects recorded interests—record promptly.
What are the requirements for a valid Oklahoma deed? +
Must be written, identify grantor and grantee, describe the property, include conveyance language, be signed by grantor, and be notarized.
What is a Transfer on Death (TOD) deed? +
Under 58 O.S. § 1251, a TOD deed transfers property at death while keeping full ownership during life. Can avoid probate for real property.
Can I remove someone from my deed? +
Only if they agree and sign a new deed. You cannot unilaterally remove a co-owner. Divorce decrees can order transfers.
What is joint tenancy vs tenancy in common? +
Joint tenancy includes survivorship—the last owner gets everything. Tenancy in common allows unequal shares and passes through each estate.
How do I transfer property to my trust? +
Execute a deed from yourself to yourself as trustee of the trust. An unfunded trust provides no benefit—the deed is essential.
Get Your Deed Right
Schedule a consultation to discuss your deed needs.