Updated on July 12th, 2022
An Oklahoma transfer on death deed is a legal form that allows real estate to transfer from an owner to a beneficiary after the owner dies. The main function of this deed is to pass down property while avoiding probate (the judicial process of settling an estate). Once the owner dies, the property title immediately transfers to the beneficiary without the need for additional fees or court appearances. It should be noted that the owner will maintain control over their property after it’s been executed and recorded; the form doesn’t go into effect until their death. The owner can terminate the form at any point by recording an instrument that revokes the beneficiary designation.
- Statutes: Title 16 (Conveyances) & Title 58, Ch. 21 (Nontestamentary Transfer of Property Act)
- Formatting: § 19-298(B) & § 58-1251
- Signing Requirements (§ 16-4, § 16-26 & § 58-1251): Notary Public and Two (2) Witnesses
- If the transferor is married and eligible for a homestead exemption (tax reduction for those who permanently occupy a property), their spouse must also sign the deed.
- Where to Record: Register of Deeds
- Recording Fees (§ 28-32(A) & § 28-32(C)): $8 for the first page plus a $10 preservation fee ($18 in total); $2 for each additional page.