Transfer on death deeds (TODDs) in Oklahoma are governed by the Nontestamentary Transfer of Property Act (Title 58 O.S. 1251-1258), enacted in 2008. This law allows owners of interests in real property located in Oklahoma to designate one or more beneficiaries to receive those interests after the owner dies, but without the need for probate.
The statutes do not provide a specific form for completing the transfer of property rights for a recorded TODD, but they do include details about the process at 58-1252 (C), (D). To accept the property, the beneficiary must execute and record an affidavit of acceptance containing:
1. Verification of the owner's death, including a certified copy of the death certificate;
2. A statement about whether or not the owner and the beneficiary where married to each other at the time of death; and
3. A legal description of the real estate interests to be transferred.
In some cases, the beneficiary must also submit an estate tax release. Contact a tax attorney or accountant with questions about this requirement.
The affidavit and its supporting documents must be submitted to the county clerk where the land is located within nine months of the owner's death or it will revert back to the owner's estate and pass through probate.
After recording the affidavit, the beneficiary becomes the record owner of the interest in real property, subject to all conveyances, assignments, contracts, mortgages, liens and security pledges the record owner made during his/her lifetime.
(Oklahoma TOD Affidavit Package includes form, guidelines, and completed example)
