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Oklahoma Transfer on Death Deed

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Oklahoma Transfer on Death Deed

Updated December 10, 2023

An Oklahoma transfer on death deed is a document used to transfer one’s ownership of real property to a designated beneficiary upon the owner’s death. Also known as a beneficiary deed, it is a method of conveying ownership without having to go through the probate process.

Table of Contents

Requirements

  • Notary: Required (58 Okl. St. Ann. § 1253)
  • Witnesses: Two witnesses are required (§ 1253)
  • Recording: Before the owner’s death in the county recorder’s office of the county where the property is located (§ 1253)
  • Executing: The beneficiary must record the affidavit and related documents with the office of the county clerk within nine months of the grantor’s death (§ 1252)

Legal Description

A transfer on death deed must include a legal description of the real property, which provides exact details of the property’s boundaries, location, and physical qualities. Legal descriptions typically follow the Public Land Survey System (PLSS), which divides land into townships, ranges, and sections. It also provides exact measurements using fractional or metes-and-bounds descriptions.

A legal description of real property can be found on the property deed or obtained through the county recorder’s office.

Example

“The South Half of the Northeast Quarter (S1/2 NE1/4) of Section Twelve (12), Township Twenty-Seven (27) North, Range Three (3) East of the Indian Meridian, in Oklahoma County, Oklahoma.”

Revocation

Two ways to revoke a transfer on death deed

A transfer on death deed may be revoked or changed by:

  1. Executing, acknowledging, and recording a revocation document in the county clerk’s office; or
  2.  Executing, acknowledging, and recording a new transfer-on-death deed to overwrite the previous one.

For the revocation to be effective, it must be recorded prior to the owner’s death. (§ 1254)

How to Record

A transfer on death deed must be recorded prior to the owner’s death at the office of the county recorder where the property is located. Recording fees vary by county.