{"data":{"id":"us-ok/okla.-stat.-tit.-58-58-1252","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 58, § 58-1252","heading":"Transfer-on-death deed - Notice to beneficiary -","body":"Acceptance of transfer-on-death deed.\n\nA. An interest in real estate may be titled in transfer-on-\n\ndeath form by recording a deed, signed by the record owner of the\n\ninterest, designating a grantee beneficiary or beneficiaries of the\n\ninterest. The deed shall transfer ownership of the interest upon\n\nthe death of the owner. A transfer-on-death deed need not be\n\nsupported by consideration. For purposes of the Nontestamentary\n\nTransfer of Property Act, an “interest in real estate” means any\n\nestate or interest in, over or under land, including surface,\n\nminerals, structures and fixtures.\n\nB. The signature, consent or agreement of or notice to a\n\ngrantee beneficiary or beneficiaries of a transfer-on-death deed\n\nshall not be required for any purpose during the lifetime of the\n\nrecord owner.\n\nC. A designated grantee beneficiary may accept real estate\n\npursuant to a transfer-on-death deed only on behalf of himself,\n\nherself, or a legal entity over which he or she has proper\n\nauthority. A beneficiary shall not accept such real estate on\n\nbehalf of another designated beneficiary.\n\nD. Each designated grantee beneficiary wishing to accept real\n\nestate pursuant to a transfer-on-death deed shall execute an\n\naffidavit affirming:\n\n1. Verification of the record owner’s death;\n\n2. Whether the record owner and the designated beneficiary were\n\nmarried at the time of the record owner’s death; and\n\n3. A legal description of the real estate.\n\nE. The grantee shall attach a copy of the record owner’s death\n\ncertificate to the beneficiary affidavit. For a record owner’s\n\ndeath occurring on or after November 1, 2011, the beneficiary shall\n\nrecord the affidavit and related documents with the office of the\n\ncounty clerk where the real estate is located within nine (9) months\n\nof the grantor’s death, otherwise the interest in the property\n\nreverts to the deceased grantor’s estate; provided, however, for a\n\nrecord owner’s death occurring before November 1, 2011, such\n\nrecording of the affidavit and related documents by the beneficiary\n\nshall not be subject to the nine-month time limitation.\n\nNotwithstanding the provisions of Section 26 of Title 16 of the\n\nOklahoma Statutes, an affidavit properly sworn to before a notary\n\nshall be received for record and recorded by the county clerk\n\nwithout having been acknowledged and, when recorded, shall be\n\neffective as if it had been acknowledged.\n\nF. A beneficiary affidavit recorded pursuant to this section\n\nbefore November 1, 2023, in which one or more, but not all, named\n\nbeneficiaries of a transfer-on-death deed explicitly accepts the\n\ninterests being conveyed by the deed on behalf of all or some of the\n\nbeneficiaries named therein shall be effective to accept such\n\ninterests if executed by at least one of the named beneficiaries\n\naccepting such interests.","path":["OK Code","Title 58"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"453c2a1ec3f0e0ce8c0fe8dafb34e779156bc276a6f3ede19e6fe4187bfc4eb3","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-58-58-1251","next":"us-ok/okla.-stat.-tit.-58-58-1253"},"notice":"GroundRules: Original legal text. Not legal advice."}
