§ 58-1252 — Transfer-on-death deed - Notice to beneficiary -

Oklahoma § 58-1252

• Jurisdiction: Oklahoma
• Title 58: Probate Procedure

Text

Acceptance of transfer-on-death deed. A. An interest in real estate may be titled in transfer-on- death form by recording a deed, signed by the record owner of the interest, designating a grantee beneficiary or beneficiaries of the interest. The deed shall transfer ownership of the interest upon the death of the owner. A transfer-on-death deed need not be supported by consideration. For purposes of the Nontestamentary Transfer of Property Act, an “interest in real estate” means any estate or interest in, over or under land, including surface, minerals, structures and fixtures. B. The signature, consent or agreement of or notice to a grantee beneficiary or beneficiaries of a transfer-on-death deed shall not be required for any purpose during the lifetime of the record owner. C. A designated grantee beneficiary may accept real estate pursuant to a transfer-on-death deed only on behalf of himself, herself, or a legal entity over which he or she has proper authority. A beneficiary shall not accept such real estate on behalf of another designated beneficiary. D. Each designated grantee beneficiary wishing to accept real estate pursuant to a transfer-on-death deed shall execute an affidavit affirming: 1. Verification of the record owner’s death; 2. Whether the record owner and the designated beneficiary were married at the time of the record owner’s death; and 3. A legal description of the real estate. E. The grantee shall attach a copy of the record owner’s death certificate to the beneficiary affidavit. For a record owner’s death occurring on or after November 1, 2011, the beneficiary shall record the affidavit and related documents with the office of the county clerk where the real estate is located within nine (9) months of the grantor’s death, otherwise the interest in the property reverts to the deceased grantor’s estate; provided, however, for a record owner’s death occurring before November 1, 2011, such recording of the affidavit and related documents by the beneficiary shall not be subject to the nine-month time limitation. Notwithstanding the provisions of Section 26 of Title 16 of the Oklahoma Statutes, an affidavit properly sworn to before a notary shall be received for record and recorded by the county clerk without having been acknowledged and, when recorded, shall be effective as if it had been acknowledged. F. A beneficiary affidavit recorded pursuant to this section before November 1, 2023, in which one or more, but not all, named beneficiaries of a transfer-on-death deed explicitly accepts the interests being conveyed by the deed on behalf of all or some of the beneficiaries named therein shall be effective to accept such interests if executed by at least one of the named beneficiaries accepting such interests.

Legislative History

Added by Laws 2008, c. 78, § 2, eff. Nov. 1, 2008. Amended by Laws 2010, c. 205, § 1, eff. Nov. 1, 2010; Laws 2011, c. 372, § 1, eff. Nov. 1, 2011; Laws 2015, c. 107, § 1, emerg. eff. April 20, 2015; Laws 2023, c. 101, § 1, eff. Nov. 1, 2023.