Oklahoma Disclaimer of Property - Description

Under the Oklahoma statutes, the beneficiary of an interest in property may renounce the gift, either in part or in full (84 O.S. 22-30). Note that the option to disclaim is only available to beneficiaries who have not acted in any way to indicate acceptance or ownership of the interest.

The disclaimer must be in writing and include a description of the interest, a declaration of intent to disclaim all or a defined portion of the interest, and be signed by the disclaimant.

File the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) with the district court having jurisdiction over the estate and deliver a copy of it to the representative, trustee, or other person holding legal title of the property. In the case of real property, record the original disclaimer, or a copy certified by the clerk of the district court, in the office of the county clerk in the county (or counties) where the real estate is situated (84 O.S. 24-25).

A disclaimer is irrevocable and binding for the disclaiming party and his or her creditors, so be sure to consult an attorney when in doubt about the drawbacks and benefits of disclaiming inherited property. If the disclaimed interest arises out of jointly-owned property, seek legal advice as well.

(Oklahoma DOI Package includes form, guidelines, and completed example)

These are different form types, not alternate versions of the current form.

Transfer on Death Deed

Name a beneficiary to receive property after the owner's death.

Transfer on Death Revocation

Revoke a previously recorded transfer on death deed, canceling the beneficiary designation.

Beneficiary Affidavit of Death

Record the owner's death so title passes to the transfer on death beneficiary.

Memorandum of Trust

Record a memorandum, extract, or affidavit summarizing key trust terms and trustee powers without recording the full trust.

Personal Representative Deed 3 options

Transfer estate property through a court-appointed personal representative.

Trustees Deed

Transfer property from a trust through a trustee.

Affidavit of Surviving Joint Tenant

Document a deceased joint tenant so title vests in the surviving owner. Known in some states as an affidavit of deceased joint tenant or affidavit of death of joint tenant.

Important: County-Specific Forms

Our disclaimer of interest forms are specifically formatted for each of the 77 counties in Oklahoma.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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