Short answer — what you usually must do

First, determine how the property was titled. If the deceased spouse held the property with a right of survivorship (for example, true joint tenants with right of survivorship), ownership usually passes automatically to the surviving owner and you will record proof of death with the county clerk to update the record. If the decedent held sole title, or the property passes through the decedent’s estate (will or intestacy), you generally must use the probate process (or an appropriate heirs’ or small-estate procedure, if available) to obtain authority to sign and record a new deed conveying the property to your child.

Detailed answer — step-by-step under Oklahoma law

1) Get certified copies of the death certificate

Order multiple certified copies of your spouse’s death certificate from the state vital records office or the local registrar. County recording offices require certified copies for many documents and you will need extras for banks, title companies, and the court.

2) Review the current deed and title

Obtain a copy of the recorded deed from the county clerk’s office (where the property is located) or a title company. Carefully read the names and the form of ownership. Common forms of ownership and consequences:

• Joint tenants with right of survivorship — ownership typically passes to the surviving joint tenant automatically when one joint tenant dies.
• Tenants in common — each owner has a separate share; a deceased owner’s share passes by will or intestacy (through probate).
• Sole ownership (only the decedent named) — the property is part of the decedent’s estate and normally must pass through probate unless a valid transfer-on-death/beneficiary deed was previously recorded.
• Transfer-on-death / beneficiary deeds — some states allow beneficiary deeds that bypass probate. Verify whether a valid beneficiary deed exists and is effective under Oklahoma law.

3) If title passed automatically (survivorship), record proof of death

If the surviving owner’s rights arise automatically (for example, joint tenants), you typically record a certified death certificate and a short affidavit (often called an affidavit of survivorship or affidavit of death of joint tenant) with the county clerk to clear the record and show the new sole owner. Contact the county clerk for the required affidavit form, notary rules, and recording fee. Keep copies of everything recorded.

4) If the decedent’s interest must pass through probate

When the deceased owned the property alone or when the decedent’s share passes via the estate, you generally must open a probate case so the personal representative (executor or administrator) can transfer title. Typical probate steps:

1. File a petition in the district court in the county where the decedent lived to open probate and have a personal representative appointed.
2. Provide notice to heirs and creditors as required by law.
3. Obtain Letters Testamentary (if there is a will and you are appointed executor) or Letters of Administration (if no will and you are appointed administrator).
4. The personal representative signs and delivers an executor’s or administrator’s deed conveying property to the named beneficiary/ heir (your child), which is then notarized and recorded at the county clerk’s office.

For Oklahoma probate law and procedures, see the Oklahoma Decedents’ Estates statutes: https://www.oklegislature.gov/osstatutes/title58/

5) Consider small-estate or summary procedures — limited applicability

Some jurisdictions provide short-form procedures for small estates. In many states these procedures apply mainly to personal property (bank accounts, vehicles) and do not transfer real estate. Confirm whether Oklahoma provides any simplified transfer for small estates that include real property. Check probate statutes and local court rules or consult an attorney before relying on a small‑estate affidavit to transfer land.

6) Prepare and record the new deed

Once you have authority (survivorship affidavit or letters from probate), prepare a new deed transferring title to your child. Common deed types in this context:

• Executor’s Deed or Administrator’s Deed (if transferring from the estate)
• Warranty Deed or Special Warranty/Quiet Title Deed depending on circumstances
• Survivorship/affidavit recording (if title passed by survivorship)

Requirements when recording:

• Deed must be properly signed by the person with authority and notarized.
• Include legal description of the property (from recorded deed).
• Attach any required probate documents (letters, court order) or certified death certificate/affidavit.
• Pay the county recording fee and any documentary stamps or transfer fees (county fees vary; the county clerk’s office can confirm amounts).

7) After recording — follow-up steps

Keep certified copies of the recorded deed; update the property tax records with the county assessor; notify mortgage holder if there is a mortgage (mortgage usually remains unless paid off); and consider an owner’s title insurance update or reissue if desired.

Important legal references and where to look

Oklahoma statutory law that governs probate and decedent’s estates is found in Title 58 of the Oklahoma Statutes. Your county district court’s probate division handles estate matters. For official statutes and further details, start here:

• Oklahoma Legislature — Decedents’ Estates (Title 58): https://www.oklegislature.gov/osstatutes/title58/
• Oklahoma Legislature main site (statute search and resources): https://www.oklegislature.gov/

When you must contact an attorney

Consider hiring a probate or real property lawyer if any of the following apply:

• Title is unclear or there are conflicting claims.
• You need to open a probate estate or there’s an estate dispute among heirs.
• The property has liens, mortgages, or tax issues.
• You want to minimize delays and ensure the deed and probate paperwork are prepared correctly.

Helpful hints

• Start by locating the recorded deed and getting several certified death certificates.
• Call the county clerk where the property sits — clerks can tell you exactly what documents they require to record a deed and what fees apply.
• If the deed names joint tenants, ask the county clerk whether an affidavit of survivorship is acceptable to clear title.
• Probate is often necessary for sole-title property. Begin the probate process early to avoid delays in transferring title.
• Keep meticulous copies of everything you file or record, and note recording book/page or instrument numbers once recorded.
• Don’t sign any deed or transfer documents until you have the legal authority to do so (survivorship affidavit, letters, or court order).
• Consider obtaining a title search or contacting a title company if there are questions about liens or past transfers.
• Ask whether any state or federal estate tax filings may be required — large estates can trigger additional filings.