Oklahoma Transfer on Death Deed

Introduction

Key Things to Know

1. 1

   In Oklahoma a transfer on death deed, which the statute calls a transfer-on-death deed and many people call a beneficiary deed, is a deed you record while alive that names a beneficiary to receive your real property automatically at your death, without probate (58 Okla. Stat. 1251 and following).

2. 2

   During your life the deed has no effect on your ownership. You keep full control and can sell, mortgage, or revoke it, and the beneficiary has no interest in the property until you die. The signature, consent, or notice to the beneficiary is not required during your life.

3. 3

   To create the deed you execute it, have it acknowledged before a notary, and record it with the county clerk in the county where the property is located. Oklahoma does not require witnesses.

4. 4

   The deed must be recorded with the county clerk prior to your death, and it need not be supported by consideration. A deed recorded after you die does not work.

5. 5

   Oklahoma provides a statutory transfer-on-death deed form, and the deed must be in substantially that form, which states that the deed is revocable and transfers no ownership until the owner dies.

6. 6

   The deed is revocable at any time during your life by recording a revocation or a later transfer-on-death deed, and a will cannot revoke it.

7. 7

   After your death the beneficiary must record an acceptance affidavit with a certified copy of your death certificate at the county clerk within nine months, or the interest reverts to your estate.

Oklahoma Requirements for Transfer on Death Deed

• Use the Statutory Transfer-on-Death Form

  Oklahoma provides a statutory transfer-on-death deed form, and the deed must be in substantially that form (58 O.S. 1252). It must name the grantee beneficiary and state that the deed is revocable and transfers no ownership until the owner dies.

• Legal Description of the Property

  The full legal description of the property from the current recorded deed, plus the street address and county. A street address alone is not enough to record the deed with the county clerk.

• Name the Grantee Beneficiary and an Alternate

  The full legal name of the grantee beneficiary who will receive the property at the owner death, and an alternate beneficiary if the first does not survive the owner. Naming a backup keeps the property out of probate if the first beneficiary dies first.

• Notarize the Signature

  The owner must execute the deed and have the signature acknowledged before a notary (58 O.S. 1252). Oklahoma does not require witnesses.

• Record Before the Owner Dies

  The deed must be recorded with the county clerk in the county where the real estate is located prior to the death of the owner (58 O.S. 1252). A deed recorded after death does not transfer the property. Record it promptly after signing.

• No Payment or Beneficiary Consent Needed

  The deed need not be supported by consideration, and the signature, consent, or notice to the beneficiary is not required during the owner life (58 O.S. 1252). The beneficiary does not have to pay or agree to anything while the owner is alive.

• Revoke by Recorded Revocation or Later Deed

  The deed is revocable during the owner life by recording a revocation or a later transfer-on-death deed (58 O.S. 1253). A will cannot revoke an Oklahoma transfer-on-death deed.

• Beneficiary Must Record Within Nine Months

  After the owner death the beneficiary must record an acceptance affidavit with a certified copy of the death certificate at the county clerk within nine months, or the interest reverts to the estate (58 O.S. 1252). The beneficiary takes subject to existing liens.