Cherokee County Quitclaim Deed (Individual Grantor by Attorney-in-Fact) Form

An Oklahoma deed signed by an agent has to clear the counter twice. Section 3 of this quitclaim deed collects the date of the power of attorney, the authority the agent acts under, and where that power is filed, because 16 O.S. Section 20 keeps the county clerk from recording the deed until the power itself is on record in the same office. The record owner named in Section 1 signs nothing; the attorney-in-fact named in Section 2 signs, and whatever interest the owner holds moves to the grantee without covenant or warranty of title.

The power reaches the record first, or the deed does not count

Title 16 supplies the sequence. Section 3 opens the door: any instrument affecting real estate may be made by an attorney-in-fact, duly appointed and empowered as the chapter provides. Section 20 then orders the filings. A power of attorney for conveying real estate is executed, acknowledged, and recorded the way the chapter requires of deeds, it goes on record in the county where the land sits, and no deed an attorney in fact executes is received for record until that power has been duly filed in the same office. Section 20 does not stop at intake, adding that recording such a deed is of no effect for any purpose until the power has been filed, which is why the deed prints that rule in capital letters above the signature line.

The statute names the act by name

Oklahoma enacted the Uniform Power of Attorney Act at 58 O.S. Sections 3001 through 3045, effective November 1, 2021, and under Section 3004 a power written under it survives the principal's incapacity unless it says otherwise. Scope is defined by subject: Section 3027 provides that general authority over real property lets the agent sell, exchange, convey with or without covenants, quitclaim, release, encumber, or lease. The verb this deed performs sits in that list. Section 3024 holds other acts back for an express grant, making a gift among them, which is why the form asks which grant the agent relies on.

One signer, and a certificate built around a capacity

One person signs, so the document closes with a single signature block and a single notarial certificate, naming the person who appeared rather than the owner whose land moved. Under 49 O.S. Section 112 an acknowledgment made in a representative capacity carries the signer's declaration of proper authority and of execution as the act of the person represented, and that section's list of representative capacities reaches someone acting as an attorney in fact for a principal, so the by-line holds a name followed by the capacity in the short form 49 O.S. Section 119 prints. Homestead law speaks to agents directly: 16 O.S. Section 4(B) lets an attorney-in-fact execute a homestead instrument unless the power restricts it, and Section 4(C) conditions validity on recording the power where the property lies. An owner living out of state whose agent closes an Oklahoma sale, and an owner whose durable power is on record after a decline in health, present the arrangement this deed recites.

Released, never assured

The granting sentence carries the statutory words of 16 O.S. Section 41, quitclaim, grant, bargain, sell and convey, and omits the warranty phrase; 16 O.S. Section 18 measures what that delivers: the maker's whole right, title, and interest in the described premises. No covenant of 16 O.S. Section 19 arises, so the mortgage, the easements, and the severed minerals cross exactly as the record left them, and Section 13 states that the agent signs in that capacity alone and warrants nothing personally. Shoppers hunting a quit claim deed, a quick claim deed, or a power of attorney deed for Oklahoma land are reading about this instrument.

What the clerk collects

Documentary stamp tax under 68 O.S. Section 3201 attaches above one hundred dollars of consideration or value, at seventy-five cents for each five hundred. The land ownership statement of 60 O.S. Section 121 belongs to the party taking title, so here it answers for the grantee, not the owner or the agent. Pages follow 19 O.S. Section 298 as amended in 2024: two inch top margins throughout, one inch elsewhere, in twelve point type.

The package delivers this deed as a fillable PDF, a completed example worked through a Muskogee County sale closed by an agent, and a plain language guide covering its fourteen sections and the recording order. It describes Oklahoma law in general terms and is not legal advice.