The question can a deed override a will is one we are asked all the time. When a deed conflicts with the provisions of a will in Oklahoma, the outcome will depend on various factors, including the type of deed, the language in the will, and the legal requirements for property transfers. When a deed for real property conflicts with the provisions of a will, the legal principle of “testamentary intent” and property ownership rules come into play. The specific outcome can depend on various factors, including the type of deed, the contents of the will as set out in your estate plan, and the legal requirements for property transfers.
A Conflict Between a Deed And Will in Oklahoma
- Deed Types: There are different types of deeds, including warranty deeds, quitclaim deeds, and others. The type of deed used can impact how property is transferred and whether deed override a will.
- Testamentary Intent: Generally, for a will to be valid, a properly executed deed takes precedence over a will when it comes to transferring real property. If the deed clearly and unambiguously transfers property to a specific person or entity, it’s presumed to reflect the property owner’s intent at the time of the transfer. This is known as “inter vivos” transfer, meaning it occurs during the property owner’s lifetime.
- Will Provisions: If the will contains provisions that contradict the deed, the court may need to interpret the testator’s (the person who made the will) intent. Courts typically strive to give effect to the testator’s wishes, but the specific outcome can vary based on the wording of the will and other factors.
- Legal Requirements: Property transfers through a deed must comply with legal requirements, including proper execution and recording. If the deed is legally valid and recorded, it generally takes precedence.
- Challenges and Disputes: If there is a dispute or challenge regarding the deed or the will, it may be resolved through probate court proceedings. Interested parties may need to present evidence and arguments to support their claims.
Types Of Deeds in Oklahoma
In Oklahoma, as in most states, various types of deeds can be used to transfer real property, each with its own implications for the buyer (grantee) and seller (grantor). The choice of deed typically depends on the seller’s warranties and the specific circumstances of the property transfer. Here are some common types of deeds used in Oklahoma:
- General Warranty Deed:
- This type of deed offers the highest level of protection to the grantee (buyer). The grantor (seller) guarantees that they have clear title to the property and will defend the title against any claims made by others, including prior owners.
- Special Warranty Deed:
- With a special warranty deed, the grantor provides a limited warranty. The grantor only warrants that they have not caused any defects in the title during their ownership of the property. This deed is often used in commercial real estate transactions.
- Quitclaim Deed:
- A quitclaim deed conveys the grantor’s interest in the property, if any, without making any warranties regarding the title. It provides the least amount of protection to the grantee and is often used in situations like family transfers or to clear up title issues.
- Bargain and Sale Deed:
- This type of deed implies that the grantor holds title to the property but does not provide any warranties. It’s commonly used when a grantor wants to convey the property but is not making specific guarantees about the title.
- Sheriff’s Deed:
- A sheriff’s deed is used when a property is sold at a sheriff’s sale, typically as a result of foreclosure or a court-ordered sale. It conveys the property as is, without warranties.
- Trustee’s Deed:
- A trustee’s deed is used to transfer property held in a trust. It is typically executed by the trustee in accordance with the terms of the trust.
- Executor’s Deed:
- An executor’s deed is used to transfer property from the estate of a deceased person to a beneficiary or purchaser in probate. It is executed by the executor of the estate.
- Correction Deed (Corrective Deed):
- This deed is used to correct errors or omissions in a previously recorded deed. It does not transfer ownership but corrects inaccuracies.
- Mineral Deed:
- A mineral deed specifically conveys mineral rights or interests in minerals below the surface of the land while often reserving surface rights for the grantor.
- Life Estate Deed:
- A life estate deed allows a property owner to transfer their property to a grantee while retaining a life estate, which means they can live on and use the property until their death.
Tulsa, Oklahoma Probate Lawyers
A deed can override a will but most times its an issue that is decided in Oklahoma probate Court. Many people don’t know but if you have a will that will must be evaluated for authenticity in a probate. The judge looks at the will and decides if it salifies will requirements in the state. This is also true if there is a deed that conflicts with a will. To answer the question if a deed can override a will contact the Tulsa probate lawyers at Kania Law Office. You can arrange a free consultation with one of our Oklahoma Estate planning attorneys by calling 918.743.2233. Or you can click here to ask a free legal question.