Okla. Stat. tit. 58, § 58-1252: Transfer-on-death deed - Notice to beneficiary -
Where this section sits in the code
- OK Code
- Title 58
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.
Collected 2026-09-14T18:32:36Z. Source file · JSON