Why hire an Oklahoma Attorney to Prepare your Deed or Instrument?

Preparing a deed in Oklahoma is a legal process that must comply with state law, county recording requirements, and the intent of the parties involved. Whether you need a warranty deed, quitclaim deed, transfer-on-death deed, or trust-related conveyance, proper deed preparation is critical to avoid title problems, rejected filings, or unintended transfers. At Winblad Law, we prepare Oklahoma deeds with attorney oversight to ensure accuracy, compliance, and proper recording.

Avoid mistakes with an Oklahoma Attorney prepared deed, mortgages, affidavits, transfer on death deeds and other documents prepared on a flat fee basis in Oklahoma.

Deeds to Revocable Trusts

Creating a trust is only the first step. The trust must also be funded. For real estate or mineral interests, funding requires transferring title from the individual owner to the trust by recording a deed in the county where the property is located. Listing property on a trust’s schedule of assets alone does not change ownership. When property is properly transferred into a trust, it can pass without probate. Reasons why this is necessary.

Oklahoma Trust Funding and Deed Preparation for Real Estate Mineral Interests

Once a trust is created, it must be properly funded. For real estate and mineral interests, funding a trust requires transferring ownership of the property into the trust by deed. Merely listing property or mineral interests on a trust schedule or assignment does not change title. A deed must be prepared and recorded in the county where the land or minerals are located. When property and mineral interests are properly titled in a trust, probate can often be avoided.

In Oklahoma, mineral interests are considered an interest in real estate. As part of trust funding, mineral interests must be conveyed into the trust using a deed with a proper legal description and recorded in the appropriate county. Many trust owners overlook this step, leaving mineral interests titled in their individual name and potentially subject to probate despite having a trust in place. Provide basic information and receive a flat fee quote.

Unauthorized Practice of Law and Oklahoma Deed Preparation

Preparing deeds and other instruments that affect title to real property or mineral interests is considered the practice of law in Oklahoma. Attorneys who are not licensed in Oklahoma are prohibited from preparing deeds, advising on conveyances, or drafting instruments intended to be recorded in Oklahoma counties. Oklahoma courts and the Oklahoma Bar Association have consistently treated the preparation of deeds as requiring an active Oklahoma law license.

Estate plans created by attorneys not licensed in Oklahoma frequently include deeds that are improperly prepared or ineffective under Oklahoma law. These issues often surface later during probate, title examination, or oil and gas ownership verification, resulting in delays and corrective filings. Oklahoma deeds and mineral transfers should be prepared or reviewed by an attorney licensed in Oklahoma to ensure compliance with state law and county recording requirements.

Top Mistakes Attorneys Make When Creating Estate Plans for Clients with Oklahoma Real Property and Mineral Interests

One of the most common problems in mineral probate arises not from a lack of estate planning, but from estate plans that were created without fully accounting for how mineral interests are owned, transferred, and administered under Oklahoma law. The following mistakes frequently lead to unnecessary probate, title defects, or delays in royalty payments.

Failing to Fund Mineral Interests by Deed

Creating a trust alone does not transfer ownership of minerals. Mineral interests must be conveyed into a trust by a properly drafted and recorded deed in each county where the minerals are located. Simply listing minerals in a trust schedule or assignment document does not change title. When this step is missed, the minerals often remain subject to probate despite the existence of a trust.

Identifying Mineral Interests by Oil or Gas Well Name Only

Mineral interests are not legally identified by well names, unit names, or operator references. Estate plans that describe minerals only by well name or lease name lack a valid legal description. This creates ambiguity, clouds title, and often forces heirs to later reconstruct ownership through probate or curative filings.

Not Using an Oklahoma Attorney for Oklahoma Minerals

Mineral ownership and probate rules vary significantly by state. Attorneys who are unfamiliar with Oklahoma’s treatment of mineral interests, recording practices, and probate procedures often apply assumptions from other jurisdictions that do not translate. Oklahoma minerals should be addressed by an attorney who routinely works with Oklahoma mineral titles and county recording systems.

Failing to Address Minerals Located in Multiple Counties

Mineral interests are frequently spread across several counties. Estate plans that do not account for multi-county ownership often fail to properly fund or administer all interests, resulting in partial probate or inconsistent title across counties.

Relying on Generic or National Estate Planning Forms

Standardized trust templates and national estate planning software often do not account for mineral ownership, non-surface interests, or Oklahoma-specific recording requirements. These plans may work for bank accounts and personal property but are inadequate for mineral interests.

Quit Claim Deed

A quitclaim deed transfers whatever interest the grantor has in the property to the grantee, if any. The grantor makes no warranties or guarantees about title. If the grantor has no ownership interest, the grantee receives nothing and generally has little or no recourse. Quitclaim deeds are most commonly used in family or intra-family transfers, such as gifts between spouses, parents and children, or transfers into a trust.

Warranty Deed

A warranty deed provides the highest level of title protection to the grantee. The grantor represents that he or she owns the property, has full authority to convey it, and that title is free of undisclosed liens, claims, or encumbrances. The grantor further agrees to defend the title against lawful claims that arise from events occurring during the grantor’s period of ownership. These warranties run with the title and are enforceable against the grantor to the extent permitted by law, without creating personal liability for the grantor’s heirs.

Because a warranty deed provides assurances of title and legal recourse if those assurances fail, purchasers should generally require a warranty deed when acquiring property, particularly in an arm’s-length transaction. Quitclaim deeds and other non-warranty conveyances are typically reserved for family transfers, trust funding, or situations where title risks are knowingly accepted.

Joint Tenancy Deed

A joint tenancy with right of survivorship deed conveys the same property to two or more individuals together. When one joint tenant dies, the surviving joint tenant typically records an Affidavit of Surviving Joint Tenant and becomes the sole owner of the property by operation of law. The property does not pass through the deceased joint tenant’s estate at that time. However, when the surviving joint tenant later dies, the property is generally subject to probate unless additional estate planning has been completed. Because this approach merely postpones probate rather than eliminating it, joint tenancy is often a poor substitute for comprehensive estate planning and can create unintended results.. See More Information Including Risks and Mistakes. Click Here for Help.

Affidavit of Surviving Joint Tenant

Once an person with title to the joint tenancy property dies, the survivor can file an affidavit of surviving joint tenant. This is a document that has certain information about the property, the date the original deed was filed, and the date of death of the decedent. An official death certificate is attached. Once this is filed, the deceased owner’s interest is removed. Click Here for Help.

Transfer on Death Deeds and Mineral Transfer on Death Deeds

A Transfer on Death Deed is revocable during the owner’s lifetime and does not change ownership of the property while the owner is alive. Because title does not pass until death, the property generally remains protected from the beneficiary’s creditors, liens, or claims during the owner’s lifetime. The owner retains full control of the property and may sell, mortgage, or revoke the deed at any time.

Transfer on Death Deeds are typically best suited for limited situations, such as when there is a single intended beneficiary who does not have a disability, creditor concerns, or complex planning needs. While a Transfer on Death Deed can be an effective probate-avoidance tool in the right circumstances, it does not provide the flexibility, protections, or long-term planning benefits of a properly funded trust. Click to start form.

Transfer on Death Beneficiary Affidavit

If the beneficiary does not file the property paperwork within 9 months of the owner’s death, the property becomes part of the owner’s estate and subject to probate. The form includes the facts about the original filing of the Transfer on Death Deed along with facts and official records about the previous owner’s death. Click Here for Help.

Is Deed Preparation by an Out-of-State Attorney the Unauthorized Practice of Law in Oklahoma?

In Oklahoma the preparation of a deed for a lay person is considered practice of law. See Samara, 1986 OK 55 at ¶ 9. “Activities that constitute the unauthorized practice of law if performed by suspended or disbarred attorneys include assisting lay-persons in preparing pleadings;4 giving legal advice to lay-persons; writing contracts or selecting and filling out proper deed forms for lay-persons.” This appears to apply to attorneys and not individuals or companies who are parties to the transaction. Generally it is best for out-of-state attorneys to avoid the risk by retaining an Oklahoma licensed attorney to prepare real estate deeds for Oklahoma property.

Oklahoma Counties Served

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