For most Creek County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Creek County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the District Court. The two tools that keep a Creek County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Creek County property passes through the District Court — even simple Oklahoma probates run 4+ months and start with $198 in filing fees. Oklahoma also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
A transfer-on-death deed names a beneficiary who receives Creek County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.
Before recording, an Oklahoma transfer-on-death deed is signed with 258 O.S. 1251 to 1258Verified Oct 19, 2026View source witnesses and notary acknowledgment58 O.S. 1251 to 1258Verified Oct 19, 2026View source. The deed takes effect only if it is recorded before the owner's death58 O.S. 1251 to 1258Verified Oct 19, 2026View source.
Deeds and other real property documents for Creek County are recorded with the County Clerk at 317 East Lee Avenue, Sapulpa, OK 74066. Phone: 1-918-224-0278. Hours: Monday-Friday 8:00 AM-5:00 PM.
The County Clerk charges $18 for the first page plus $2 for each additional page. Recording a 2-page transfer-on-death deed in Creek County comes to $20. No transfer tax applies to a transfer-on-death deed.
Creek County accepts electronic recording through Simplifile and CSC.
Recording Office Record
Creek County
Phone
Hours
Office
Website
E-recording
Fees
Recording fees
| Base fee (first page) | $18 |
| Each additional page | $2 |
| Transfer tax on a TOD deed | No transfer tax applies to TOD deeds |
28 O.S. § 32
Verified October 16, 2026 · Source
Solo PracticeBroken Arrow, OK
B.A. Law Center has over four decades of experience in estate planning and probate, serving Broken Arrow and the Tulsa metro with wills, revocable trusts, trust amendments, deed transfers, powers of attorney, and adult guardianships.
PracticesEstate PlanningProbateGuardianshipBusiness Succession
FirmOwasso, OK
Baysinger Henson Reimer & Cresswell serves Owasso and the Tulsa metro with estate planning and probate, preparing wills, trusts, powers of attorney, and advance directives, and handling probate representation including will contests.
PracticesEstate PlanningProbate
Solo PracticeSand Springs, OK
Benjamin C. Faulkner serves Sand Springs and the Tulsa metro with wills, trusts, and estate planning, along with trust and probate litigation and business transactions.
PracticesEstate PlanningTrust AdministrationProbateBusiness Succession
Solo PracticeTulsa, OK
Gary W. Crews serves Tulsa and the surrounding metro with probate, estate planning, and elder law, drawing on over 20 years navigating Oklahoma probate. He is a member of the National Academy of Elder Law Attorneys and the Elder Law Matters Alliance.
PracticesEstate PlanningProbateElder Law
FirmOkmulgee, OK
Inglish & Gaither serves Okmulgee County from offices in Okmulgee and Henryetta. Luke Gaither focuses on estate planning, probate, and trust administration, and is a member of the Muscogee (Creek) Nation Bar Association.
PracticesEstate PlanningTrust AdministrationProbate
Solo PracticeTulsa, OK
From Tulsa, Julie A. Evans handles probate, adult guardianship, and estate planning for Tulsa County families, drawing on over 35 years of experience and an AV rating from Martindale-Hubbell.
PracticesEstate PlanningProbateGuardianship
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Oklahoma statutes and official state code. How we research.
Free forms for planning your estate in Oklahoma: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Oklahoma.
In Oklahoma, a will is signed before 284 O.S. § 55Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimony84 O.S. § 55Verified Oct 19, 2026View source.
In Oklahoma, a codicil is signed before 284 O.S. § 55Verified Oct 19, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimony84 O.S. § 55Verified Oct 25, 2026View source.
Oklahoma requires 263 Okla. Stat. § 3101.4(C)Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not required63 Okla. Stat. § 3101.4(C)Verified Oct 15, 2026View source.
In Oklahoma, a HIPAA release names who may receive your records; the state regulates mental health records and substance abuse treatment recordsOkla. Stat. tit. 43A, § 1-109(A)(1), (C)(1), (D); Okla. Stat. tit. 43A, § 1-109(A)(1), (C)(1), (D) (Oklahoma's unified mental-health / drug-or-alcohol-abuse treatment confidentiality regime jointly governs SUD records — state-specific provider-context regime beyond federal 42 CFR Part 2)Verified Jun 20, 2026View source above the federal rule, and the document carries each rule.
Oklahoma treats a power of attorney as durable by default58 O.S. § 3001 et seq. (Title 58, Chapter 29); 16 O.S. § 20Verified Sep 20, 2026View source, and it is signed with no witness or notary requirement58 O.S. § 3001 et seq. (Title 58, Chapter 29); 16 O.S. § 20Verified Sep 20, 2026View source.
In Oklahoma, a transfer-on-death deed is signed before a notary58 O.S. 1251 to 1258Verified Oct 19, 2026View source and 258 O.S. 1251 to 1258Verified Oct 19, 2026View source witnesses, then recorded with the county before the owner's death58 O.S. 1251 to 1258Verified Oct 19, 2026View source. Oklahoma does not recognize a Lady Bird deed.
Oklahoma allows a transfer-on-death beneficiary designation on a vehicle title47 O.S. § 1107.5 (motor vehicles); 63 O.S. § 4012.1 (vessels and motors)Verified Oct 21, 2026View source, filed through the Service Oklahoma (Motor Vehicle Services) using Form 771.
In Oklahoma, the living will is the Advance Directive for Health CareOklahoma Advance Directive Act, 63 O.S. §§ 3101.1-3101.16Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
Free tools for planning your estate in Oklahoma: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Oklahoma and read its answer.
In Oklahoma, a will is signed before 284 O.S. § 55Verified Oct 19, 2026View source witnesses, and notarization is not required84 O.S. § 55Verified Oct 19, 2026View source.
Oklahoma recognizes a will signed under the law of the place where it was signed84 O.S. §§ 71-73Verified Oct 19, 2026View source; a will signed in Oklahoma itself needs 284 O.S. § 55Verified Oct 19, 2026View source witnesses, and notarization is not required84 O.S. § 55Verified Oct 19, 2026View source.
In Oklahoma, a will-based plan pays probate attorney fees of typically 1.7%Modeled estimate under 58 O.S. § 525 (all necessary expenses of administration allowed; no statutory attorney fee schedule — court-determined reasonableness): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.6%Modeled estimate under 58 O.S. § 525 (all necessary expenses of administration allowed; no statutory attorney fee schedule — court-determined reasonableness): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
An attorney-prepared revocable living trust in Oklahoma runs $2,730Estimate: 10 hours at $273, Clio's Oklahoma Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $4,095Estimate: 15 hours at $273, Clio's Oklahoma Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
An attorney-prepared will in Oklahoma runs $888Estimate: 3 hours at $296, Clio's Oklahoma Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $1,776Estimate: 6 hours at $296, Clio's Oklahoma Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $23,29958 O.S. § 525 (all necessary expenses of administration allowed; no statutory attorney fee schedule — court-determined reasonableness)Verified Sep 8, 2026View source.
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
In Oklahoma, a parent names a guardian for a minor child in a will or a separate signed writing30 O.S. §§ 2-101, 2-102, 2-103Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 1815 O.S. § 13Verified Sep 16, 2026View source.
Probate in Oklahoma takes 4 months to 6 months for a simple estate and charges attorney fees of typically 1.7%Modeled estimate under 58 O.S. § 525 (all necessary expenses of administration allowed; no statutory attorney fee schedule — court-determined reasonableness): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.6%Modeled estimate under 58 O.S. § 525 (all necessary expenses of administration allowed; no statutory attorney fee schedule — court-determined reasonableness): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
Estate planning articles for Oklahoma.
Estate planning articles for Oklahoma.
