Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney in your jurisdiction before taking action.
When a property owner in Oklahoma dies, title typically passes to heirs either by probate or by statutory descent. To transfer the heirs’ interests to a third party, you generally use one of two types of deeds:
- Executor’s Deed (if the decedent left a valid will and an executor was appointed). See 58 O.S. § 262 (Oklahoma Statutes Title 58).
- Administrator’s Deed (if the decedent died intestate and an administrator was appointed).
In both cases, the personal representative (executor or administrator) executes a deed conveying the decedent’s real property to the designated grantee. If there was no probate or if heirs wish to convey their interests directly to each other or a third party before probate, the heirs can sign a Quitclaim Deed that:
- Identifies all heirs by name.
- Recites their respective fractional interests.
- Contains the full legal description of the property.
- Specifies the grantee and consideration.
This quitclaim deed simply conveys whatever interest the signing heir held, without warranties of title. It’s commonly used when heirs agree among themselves or sell to a buyer who wants to clear title later via quiet title action.
Step-by-Step Recording Process
- Have the personal representative or each heir sign the document before a notary public.
- Complete any county transfer tax or revenue forms required by the county assessor.
- Submit the original, notarized deed and forms to the County Clerk’s Office in the county where the property lies.
- Pay the recording fee (varies by county; typically between $10 and $100).
- Obtain a certified copy or recorded-stamp of the deed for your records.
Once recorded, the deed becomes part of the public record, and title passes to the new owner(s).
Helpful Hints
- Verify the county’s specific recording requirements online or by phone before visiting.
- Include a cover sheet if the county requires it, listing grantor, grantee, legal description, and page count.
- Check for any outstanding liens or mortgages; these may need to be paid or released before recording.
- Use a title company or real estate attorney to perform a title search if uncertainties exist.
- Maintain copies of all recorded documents in a safe place for future reference.