Oklahoma Warranty Deed
An Oklahoma warranty deed guarantees clear title and binds the seller to defend it against all lawful claims under 16 O.S. Section 19. Attorney review available.
Introduction
A warranty deed is the strongest title instrument in Oklahoma real estate because the seller does not just hand over the property, the seller legally guarantees the title behind it. When an Oklahoma grantor signs a warranty deed, the words warrant the title to the same bind the grantor to the covenants written into 16 O.S. Section 19: that the grantor is lawfully seized of an indefeasible estate in fee simple, has good right and full power to convey, that the property is clear of all encumbrances and liens, that the grantee will have quiet and peaceable possession, and that the grantor will defend the title against all persons who may lawfully claim it. That last covenant, the promise to defend, is the heart of the deed: if a competing claim surfaces years after closing, the grantor and the grantor's heirs remain answerable for it. A quitclaim deed makes none of these promises and passes only whatever interest the grantor happens to own. Oklahoma codifies its warranty deed at 16 O.S. Section 40, and because that statutory form is a general warranty deed the covenants reach even title defects that arose before the grantor took ownership. A special or limited warranty deed narrows the promise to claims arising by, through, or under the grantor during the grantor's own ownership. DocDraft builds your Oklahoma warranty deed from your facts, with attorney review available before you sign and record it with the county clerk.
Key Things to Know
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A warranty deed is a guarantee, not just a transfer. The seller (the grantor) warrants that the title is good and personally promises to defend it if anyone later claims the property. That promise to warrant and defend is exactly what a quitclaim deed lacks, which is why a warranty deed gives an Oklahoma buyer the strongest title protection available.
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Oklahoma codifies its warranty deed at 16 O.S. Section 40, and the operative words are grant, bargain, sell and convey and warrant the title to the same. By force of 16 O.S. Section 19 those words carry the covenants that the grantor is lawfully seized of an indefeasible fee simple, has good right and full power to convey, that the property is clear of all encumbrances and liens, that the grantee will have quiet and peaceable possession, and that the grantor will defend the title against all persons who may lawfully claim it.
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Because the Section 40 form is a general warranty deed, its covenants reach every title defect, even one that arose before the grantor owned the property. A special or limited warranty deed shrinks the promise to claims arising by, through, or under the grantor during the grantor's own ownership by adding limiting words to the granting clause. A quitclaim deed (16 O.S. Sections 41 and 18) carries no covenants at all and conveys only the grantor's existing interest.
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The Section 19 covenants are binding on the grantor, the grantor's heirs, and personal representatives as if written out at length in the deed. So if a lawful claim surfaces long after closing, the buyer can enforce the warranty against the grantor's estate, not just the grantor. This durable, enforceable promise to defend is the practical reason to take title by warranty deed rather than by quitclaim.
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The guarantee is what matters most, but the deed still has to be recorded to protect the buyer against the rest of the world. You file the signed deed with the county clerk of the county where the property is located. An unrecorded deed is valid between the parties, and the warranty still runs, but it is not valid against third persons unless it is acknowledged and recorded (16 O.S. Section 15); recording then gives constructive notice to later purchasers and creditors (Section 16).
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The grantor's signature must be acknowledged before a notary before the county clerk will record the deed (16 O.S. Section 26; Section 4(A)). Oklahoma does not require subscribing witnesses for a deed (Section 2), so a proper notarial acknowledgment is what makes the warranty deed recordable.
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Oklahoma charges a documentary stamp tax of 0.75 dollars for each 500 dollars of the consideration or value above 100 dollars (68 O.S. Section 3201). The tax turns on the sale price, not on the warranty. The stamps are affixed to the deed, and an exempt transfer should note the exemption paragraph on the face of the deed (Section 3202).
Key decisions before you file
Before you file a Warranty Deed in Oklahoma, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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Once your Warranty Deed is ready, you can check whether it needs to be notarized in Oklahoma in about a minute, and notarize it online through DocDraft if it does.
Oklahoma Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. Oklahoma codifies a statutory warranty deed (16 O.S. Section 40), and the words warrant the title to the same carry the covenants of Section 19: the grantor is lawfully seized in fee simple, has good right to convey, the property is clear of all encumbrances and liens, and the grantor will warrant and defend the title against all persons who may lawfully claim it. A quitclaim deed gives none of these promises.
Oklahoma codifies a statutory short-form warranty deed in which the operative words are grant, bargain, sell and convey and warrant the title to the same (16 O.S. Section 40). Those words trigger the implied covenants of Section 19, which are binding on the grantor as if written at length in the deed. Oklahoma is a warranty-deed state: the statutory form itself carries the title warranty.
Record the signed, notarized deed with the county clerk of the county in which the real property is located. An unrecorded deed is valid between the parties but not against third persons unless acknowledged and recorded (16 O.S. Section 15), and a recorded deed is constructive notice to subsequent purchasers, mortgagees and creditors (Section 16). Record promptly to protect your interest.
The deed must be in writing and subscribed by the grantor (16 O.S. Section 4(A)), and the grantor signature must be acknowledged before a notary before the county clerk will record it (Section 26). Oklahoma does not require subscribing witnesses for a deed (Section 2), so a proper notarial acknowledgment is the recording path; without it the recording is not effective for any purpose.
Oklahoma imposes a documentary stamp tax of 0.75 dollars for each 500 dollars of the consideration or value conveyed above 100 dollars, exclusive of any lien remaining at the time of sale (68 O.S. Section 3201). The stamps are affixed to the deed at the county clerk. Exempt transfers, such as deeds between spouses or close relatives without actual consideration and deeds securing a debt, should note the exemption paragraph on the face of the deed (Section 3202).
Identify the grantor and grantee, state the consideration, and include the full legal description of the property (not just the street address). Oklahoma requires the grantee mailing address on the instrument, at least a 2 inch top margin and 1 inch side margins, and legible dark ink on paper no larger than 8 1/2 by 14 inches (19 O.S. Section 298). Errors in the legal description or vesting are a common and costly source of later title problems.
If the property is the homestead, both spouses must sign the deed to convey or encumber it, even if only one spouse holds record title (16 O.S. Section 4(A)). Oklahoma is not a community property state, so this is a homestead-protection rule rather than a community-property rule. Limited exceptions exist for an attorney-in-fact under a recorded power of attorney (Section 4(B)-(C)). Confirm homestead status before signing.
Choose the deed to match the protection intended. A general warranty deed, the form codified at 16 O.S. Section 40, warrants title against all claims, including those predating the grantor. A special or limited warranty deed narrows the promise to claims arising by, through, or under the grantor by adding limiting words to the granting clause. A quitclaim deed gives no covenants (16 O.S. Sections 41 and 18). The reason for the transfer usually points to the right one.
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Check my Warranty DeedFrequently Asked Questions
The two deeds differ entirely in what the seller promises. A warranty deed guarantees the title: under 16 O.S. Section 19 the grantor covenants that the title is good and that the grantor will defend it against all persons who may lawfully claim the property. A quitclaim deed promises nothing and simply passes whatever interest the grantor happens to hold (16 O.S. Section 18). Oklahoma builds both forms from the same skeleton: the warranty deed at 16 O.S. Section 40 keeps the words warrant the title to the same, and the quitclaim at Section 41 strikes them out. The choice is between a defended title and no assurance at all.
An Oklahoma warranty deed carries the covenants of 16 O.S. Section 19: that the grantor is lawfully seized of an indefeasible estate in fee simple, has good right and full power to convey, that the property is clear of all encumbrances and liens, that the grantee will have quiet and peaceable possession, and that the grantor will warrant and defend the title against all persons who may lawfully claim it. Those covenants bind the grantor and the grantor's heirs as if written out at length in the deed. Because the Section 40 form is a general warranty deed, the promise reaches defects that arose before the grantor took title, not only ones the grantor created.
Oklahoma uses a warranty deed, not a grant deed. Its statutory instrument for a full-covenant sale is the warranty deed at 16 O.S. Section 40, whose words grant, bargain, sell and convey and warrant the title to the same pull in the full Section 19 covenants. Oklahoma does not codify a grant deed the way California does; the only lower-covenant statutory alternative is the quitclaim, which warrants nothing. For a normal residential sale in Oklahoma, the warranty deed is the instrument that gives the buyer a guaranteed and defended title.
The guarantee attaches when the deed is signed and delivered, but you record it to protect against everyone else. You file the signed, notarized warranty deed with the county clerk of the county where the property sits, after the grantor's signature is acknowledged before a notary (16 O.S. Section 26; Section 4(A)). An unrecorded deed still binds the grantor and grantee and the warranty covenants still run, but the deed is not valid against third persons until it is acknowledged and recorded (Section 15); recording then gives constructive notice to later purchasers and creditors (Section 16). The deed must show the grantee's mailing address (19 O.S. Section 298).
Oklahoma does not require an attorney to prepare or record a warranty deed; an owner may prepare and record their own. But a warranty deed is a personal guarantee of title, so a mistake in the legal description, the covenants, or the vesting can expose the grantor to a defense-of-title claim later. That is why many people have the deed reviewed before signing. DocDraft prepares your Oklahoma warranty deed from your facts, with attorney review available as an option before you record.
It must be notarized, and it does not need witnesses. Before an Oklahoma warranty deed can be recorded, the grantor's signature has to be acknowledged before a notary (16 O.S. Section 26; Section 4(A)). Oklahoma expressly says no subscribing witnesses are necessary for a deed (Section 2), so the notarial acknowledgment alone is what lets the county clerk record it. Without that acknowledgment the recording is not effective for any purpose, and it is the recorded warranty that puts the world on notice of the grantee's guaranteed title.
Usually yes when the property is sold. Oklahoma charges a documentary stamp tax of 0.75 dollars for each 500 dollars of the consideration or value above 100 dollars (68 O.S. Section 3201), collected as stamps affixed to the deed at the county clerk. The tax turns on the sale price, not on the warranty covenants. Several transfers are exempt, including deeds between spouses or close relatives without actual consideration, deeds securing a debt, and correction deeds (68 O.S. Section 3202). An exempt deed should note the exemption paragraph on its face.
Both warrant title, but the reach differs. A general warranty deed, the form codified at 16 O.S. Section 40, warrants against every claim, including title defects that predate the grantor, and carries the full Section 19 covenants. A special or limited warranty deed narrows the covenant to claims arising by, through, or under the grantor during the grantor's own ownership, done by adding limiting words to the granting clause. A quitclaim deed gives no covenants at all. The general warranty deed gives an Oklahoma buyer the broadest guarantee and the strongest promise to defend.