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Oklahoma · 16 O.S. §20; 58 O.S. §§3005–3020Oklahoma power of attorney at closing: acknowledgment, recording before the deed and the 7-day acceptance rule

A power of attorney to convey real estate, or to sign or release a mortgage, is executed, acknowledged and recorded like a deed, in the county where the land is; no deed, mortgage or release signed by an attorney-in-fact may be recorded until the power is filed for record in the same office, and recording the deed has no effect until then (16 O.S. §20). A recorded power isn't revoked as to third parties unless the revocation is recorded in the same office (16 O.S. §21). Under Oklahoma's Uniform Power of Attorney Act, a power of attorney is signed by the principal or by someone in the principal's conscious presence at the principal's direction, and the signature is presumed genuine if acknowledged before a notary (58 O.S. §3005); a power executed elsewhere is valid if it complied with that jurisdiction's law, and a photocopy or electronic copy has the same effect as the original (§3006). A person presented with an acknowledged power must accept it or request a certification, translation or opinion of counsel within seven business days, then accept within five business days of receiving it, unless a statutory exception applies (§3020(A)–(B)).

The rules

  1. 1. Record first (16 O.S. §20)

    The power is recorded in the same county office before the agent's deed or mortgage.

  2. 2. Revocation (16 O.S. §21)

    Effective against third parties only when recorded in the same office.

  3. 3. Execution (58 O.S. §3005)

    Signed by the principal; notarized signature presumed genuine.

  4. 4. Acceptance (58 O.S. §3020)

    Accept or ask for certification within 7 business days; then 5 more.

What the TC can do

  • Send the power of attorney to the title company early – it has to be recorded before the deed.
  • If the seller's homestead is involved, confirm the power is recorded in the county (16 O.S. §4(C)).
  • Calendar seven business days from presenting the power for the title company's answer.

Questions about Oklahoma powers of attorney

Does an Oklahoma power of attorney have to be recorded?

For conveying real estate or signing or releasing a mortgage, yes – in the county where the land is, before the agent's deed or mortgage can be recorded (16 O.S. §20).

How long does an Oklahoma title company have to accept a power of attorney?

Seven business days after presentation to accept or request a certification, translation or opinion of counsel, then five business days after receiving it (58 O.S. §3020(A)).

Add a task in ClosingCode to record the power of attorney before closing, with an owner and a due date.

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Sources: Oklahoma Statutes Title 16 §§20–21 and Title 58 §§3005, 3006 and 3020 (oklegislature.gov, read October 26, 2026).

General information, not legal advice. The title company decides whether a power of attorney is acceptable. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.