Oklahoma Form 794, the Family Affidavit, is a one-page notarized statement that lets you transfer a vehicle to a qualifying family member without paying the state’s motor vehicle excise tax. You fill it out, get it notarized, and bring it with the assigned title to a Service Oklahoma office or Licensed Operator (tag agency). The exemption is narrow, and the transfer has to be a true gift with no money involved.
Who Can Use Form 794
Under 68 O.S. ยง 2103, the excise tax exemption applies only to transfers made without consideration between these relationships:
- Husband and wife, in either direction.
- Parent and child, including step-parents and step-children, in either direction.
- An individual and a revocable trust that the individual, their spouse, their child, or their parent has the right to revoke.
That list is the whole list. The Oklahoma Administrative Code states that the exemption “does not apply to transfers between in-laws or grandparents to grandchildren.”1Legal Information Institute. Oklahoma Code 260:135-7-244 – Excise Tax Levy and Exemptions Siblings, aunts, uncles, and cousins are also outside the exemption. If your relationship is not one of the three above, Form 794 is not the right form and excise tax will be due at the counter.
The second requirement is the gift rule. The transfer has to be free. If any money, trade, or thing of value changes hands, even a token dollar, the exemption does not apply and you should not complete the affidavit.2Service Oklahoma. Form 794 Family Affidavit
What to Have Ready Before You Fill It Out
Gather everything before starting the form so the notary visit and the tag agency visit each take one trip:
- The Oklahoma certificate of title, with the giver listed as the registered owner. The back of the title needs to be filled out and signed over to the recipient.
- The vehicle’s model year, make, and either the Oklahoma title number or the VIN. Form 794 also works for boats and outboard motors, using the serial number.
- A notary public. Oklahoma notaries can charge up to $5 per notarial act.3Oklahoma Statutes. Oklahoma Code 49-5 – Notarial Seal – Penalties – Fees
- Proof of Oklahoma insurance in the recipient’s name.
- A valid driver license for the recipient.
- Government-issued photo ID for the giver, so the notary can verify identity.
Filling Out the Form
You can download Form 794 as a PDF from the Service Oklahoma website or pick up a paper copy at any tag agency. Only the registered owner (the person giving the vehicle away) completes and signs it.
At the top, write in the county where you are signing. Then enter the vehicle’s model year, make, and either the Oklahoma title number or the VIN or serial number.
In the sworn-statement section, print the giver’s name and confirm they are the registered owner. Print the recipient’s name and check the box that matches the relationship: Husband, Wife, Parent/Step Parent, or Child/Step Child. There is no write-in option. If none of the boxes fits, the form does not apply to your situation.
Sign the form in front of the notary. The notary will administer the oath, fill in the date and their commission expiration, and apply their seal. A form with signatures but no notary seal is void for exemption purposes.
Submitting the Affidavit and Paying the Fees
Bring the notarized Form 794 and the properly assigned original title to any Licensed Operator or Service Oklahoma office. Usually the recipient goes, since they are the one applying for the new title. The agent checks the signatures, the notary seal, the relationship box, and the title assignment. Affidavits submitted without the supporting title paperwork will not be accepted.2Service Oklahoma. Form 794 Family Affidavit
The excise tax is waived, but the ordinary title and registration fees still apply:4Service Oklahoma. Fees and Exemptions
- Vehicle title fee: $11.00
- Transfer fee: $17.00
- Insurance verification fee: $1.50
- VIN inspection fee: $4.00
Those fees add up to $33.50. If the vehicle’s registration is due, you will pay the annual registration amount on top of that. The tag agency processes the paperwork on the spot, though the physical title is typically mailed to the recipient afterward rather than printed at the counter.
The 30-Day Deadline
You have 30 days from the notary date on the title assignment to complete the transfer at a tag agency. Starting on day 31, penalties begin accruing at $1 per day on the excise tax portion, even though the family exemption zeros out the excise tax itself, because the penalty clock still ties to that notary date. A separate transfer-of-registration penalty also runs at $1 per day, capped at $100 after 100 days. These penalties cannot be waived.
Common Reasons the Transfer Gets Rejected
Tag agents see the same problems repeatedly on Form 794 submissions:
- The relationship box does not match the actual relationship, or the parties are related in a way that falls outside the exemption (grandparent-grandchild, siblings, in-laws).
- The form is signed but not notarized.
- Money changed hands. The form’s own instructions say not to complete it if the vehicle was purchased or exchanged for anything of value.2Service Oklahoma. Form 794 Family Affidavit
- Someone other than the registered owner signed. If two names are on the title, both have to sign the title assignment.
- The back of the title was not filled in or was signed but not completed with the new owner’s information.
- A lender still holds a lien. The title cannot be transferred until the lien is released.
Filing false information on Form 794 carries consequences beyond a rejected transfer. The state can revoke the certificate of title, and the signer faces potential civil or criminal penalties.2Service Oklahoma. Form 794 Family Affidavit