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Oklahoma - Cherokee County Personal Representative Deed of Sale Form

All Cherokee County specific forms listed below are included in your immediate download:


Cherokee County Personal Representative Deed of Sale Form Page 1

Personal Representative Deed of Sale Form - Cherokee County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 4/11/2019


Cherokee County Personal Representative Deed of Sale Guide Page 1

Personal Representative Deed of Sale Guide - Cherokee County

Line by line guide explaining every blank on the form.
Included document last updated 4/2/2019


Cherokee County Completed Example of the Personal Representative Deed of Sale Document Page 1

Completed Example of the Personal Representative Deed of Sale Document - Cherokee County

Example of a properly completed form for reference.
Included document last updated 3/12/2019


*The Following Oklahoma and Cherokee County supplemental forms are included as a courtesy with your order.


Affidavit - Documentary Stamp Tax

Affidavit - Documentary Stamp Tax

If purchase price or exemption number are not stated on the deed, this affidavit must be submitted to determine stamp tax or document exemption.


Documentary Stamp Tax Exemptions

Documentary Stamp Tax Exemptions

This informational document excerpts relevant sections of the statutes and lists Oklahoma's transfer tax exemptions with explanations.


Documentary Stamp Tax Reference

Documentary Stamp Tax Reference

This document answers any questions regarding Oklahoma Documentary Stamp Tax. It also contains a list of statutory exemptions (pp. 3-5).


Homestead Exemption

Homestead Exemption

A homestead exemption is an exemption of $1,000 of the assessed valuation of the homestead property. Homestead exemption is granted to the homeowner who resides in the property on a permanent basis on January 1.


Notary Certificates

Notary Certificates

The supplemental forms in this section can be used as loose certificates by notaries in the state.


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Frequently Asked Questions:

  • How long does it take to get my forms?
    • Forms are available immediately after submitting payment.
  • What are supplemental forms?
    • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
  • How do I get my forms, are they emailed?
    • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
  • What type of files are the forms?
    • All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
  • Can the forms be re-used?
    • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
  • Are these forms guaranteed to be recordable in Cherokee County ?
    • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cherokee County including margin requirements, content requirements, font and font size requirements.
  • Do I have to enter all of my property information online?
    • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
  • Can I save the completed form, email it to someone?
    • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
  • Do I need any special software to use these forms?
    • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
  • Are there any recurring fees involved?
    • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Personal Representative Deed of Sale Forms:

  • Cherokee County

Including:

  • Cookson
  • Hulbert
  • Moodys
  • Park Hill
  • Peggs
  • Tahlequah
  • Welling

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What is the Oklahoma Personal Representative Deed of Sale?

A personal representative's deed given under 58 O.S. 239 is a probate deed, and one of several fiduciary instruments that may be used in estate administration. This deed conveys title in situations where the debts of the estate require the sale to convert assets to cash. The personal representative's (PR) deed is named after the capacity of the granting party.

Before a personal representative can execute and record a deed, the sale and conveyance must be authorized by the district court. The PR must apply to the court for an Order Authorizing Sale of Real Property Pursuant to 58 O.S. 239.

Following an order of sale from the district court, use a personal representative's deed to transfer an interest in real property from a probate estate to a purchaser at public or private sale. The deed conveys all the right, title, interest, and estate of the decedent at the time of his death.

In addition to meeting all state and local standards for recorded documents, components of a properly executed PR deed of sale given under 58 O.S. 239 include the recital of probate details, including the name of the court-appointed personal representative, the decedent's name, the date of the order of sale, the case number assigned to the probate estate, and a statement that the order of sale exempts the PR from further authorization or confirmation of sale.

Other requirements for a lawful deed include the full legal description of the property and statement of consideration, reflecting the value exchanged for the transfer of title. In Oklahoma, deeds commonly recite a generic consideration of "Ten and No/100ths Dollars," with the true purchase price reflected on an Affidavit of Purchase Price. This affidavit is a tool for the register's office to calculate the documentary stamp tax, a tax levied on all transfers of real estate in Oklahoma. Any exemption from the tax under 68 O.S. 3202 must be noted on the face of the instrument.

Record the completed, signed, and notarized deed, along with a certified copy of the order of sale, signed by a judge, in the office of the register of deeds in the county wherein the property is situated.

The information provided here is not a substitute for legal advice. Consult an attorney licensed in the State of Oklahoma with questions regarding personal representative's deeds, as each situation is unique.

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Get your Cherokee County Personal Representative Deed of Sale form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.

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We guarantee that you will receive access to the forms that you order and that those forms will be compliant with the recording requirements for the jurisdiction the forms were purchased for and the statutory requirements for content of the document.

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Notice: You are ordering blank forms, NOT a copy of your existing deed.