Transfer-on-Death Deeds in Oklahoma: A Simple Way to Pass on Real Estate Without Probate

Transfer on Death Deeds can help you transfer real estate to a loved one without going through the probate process. Oklahoma law allows property owners to name a beneficiary who will automatically receive title to the property upon their death, without the time, expense, and hassle of probate court. This article explains how TOD deeds work in Oklahoma, their benefits, and the proper process for creating one.

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What Is a Transfer-on-Death Deed?

Transfer-on-Death Deeds are a legal document that enables you to name a beneficiary who will inherit your real estate upon your passing. You continue to own the property during your lifetime, and the transfer only takes effect upon your death.

Oklahoma is one of several states that allow this type of deed under the Nontestamentary Transfer of Property Act (Title 58, Oklahoma Statutes § 1251–1258).

Key Features of a Transfer on Death Deed in Oklahoma

There are several key features of TOD Deeds, including:

• Avoids probate: The property passes directly to the named beneficiary without the need for court intervention.
• Revocable: You can revoke or change the TOD deed at any time during your life.
• No lifetime rights for the beneficiary: The beneficiary has no ownership rights until your death.
• Does not affect your mortgage or taxes: A TOD deed does not trigger due-on-sale clauses or reassessment of property taxes.

How to Create a Transfer on Death Deed

To create a valid Transfer on Death Deed in Oklahoma, you must:

1. Prepare the deed: Use the statutory form or a properly drafted document identifying the property and the beneficiary.
2. Sign and notarize the deed: You must sign the deed in the presence of a notary public.
3. Record the deed: File the deed with the county clerk in the county where the property is located. If the deed is not recorded, then it is not valid.

You can name more than one beneficiary or designate contingent beneficiaries in case the primary one dies before you. Recording a TOD deed does not restrict your ability to sell, lease, or otherwise use your property as you choose. The deed only controls what happens after your death and has no effect during your lifetime.

Tulsa Estate Planning Attorneys

While Transfer on Death Deeds are simple in theory, mistakes in drafting or filing can invalidate the deed or lead to legal challenges later. We help families utilize TOD deeds effectively as part of a comprehensive strategy to avoid probate and ensure seamless property transfers. For a free consultation with an estate planning attorney in Tulsa, call Kania Law Office at 918.743.2233, or click this link to ask a legal question online.