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Oklahoma Transfer on Death Affidavit of Acceptance

Transfer on death deeds (TODDs) in Oklahoma are governed by the Nontestamentary Transfer of Property Act (Title 58 O.S. 1251-1258), enacted in 2008. This law allows owners of interests in real property located in Oklahoma to designate one or more beneficiaries to receive those interests after the owner dies, but without the need for probate.

The statutes do not provide a specific form for completing the transfer of property rights for a recorded TODD, but they do include details about the process at 58-1252 (C), (D). To accept the property, the beneficiary must execute and record an affidavit of acceptance containing:

1. Verification of the owner's death, including a certified copy of the death certificate;

2. A statement about whether or not the owner and the beneficiary where married to each other at the time of death; and

3. A legal description of the real estate interests to be transferred.

In some cases, the beneficiary must also submit an estate tax release. Contact a tax attorney or accountant with questions about this requirement.

The affidavit and its supporting documents must be submitted to the county clerk where the land is located within nine months of the owner's death or it will revert back to the owner's estate and pass through probate.

After recording the affidavit, the beneficiary becomes the record owner of the interest in real property, subject to all conveyances, assignments, contracts, mortgages, liens and security pledges the record owner made during his/her lifetime. Oklahoma Transfer on Death Affidavit of Acceptance Forms Have Been Updated as Recently as Thursday September 19, 2019

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What others like you are saying:

Thomas W. said: easy to use, no problems except in beneficiary box. Need to make the box bigger because I have 4 beneficiaries to list. how do I enlarge the box.

Reply from Staff: Thanks for reaching out. All available space on the document is being used. As is noted in the guide, if you have information that does not fit in the available space the included exhibit page should be used.

Karen T. said: Thank you for the feedback. I reviewed this with my client/friend and she is following up with the appropriate people, including the Police and a lawyer. Thank you for your help.

Reply from Staff: Thank you!

Philip S. said: You're service saved the day! I had gone to several lawyers and title companies who all said, at a Minimum, preparing a deed costs $1000... Through your service and some work reading about the requirements as well as calling my county clerks office, I was able to complete the deed and it read accepted and recorded today! Thanks so much.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!

Susan K. said: Very helpful; information included on the form explanations about Colorado laws in regards to beneficiary deeds helped us understand the issues involved.

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Reply from Staff: Thanks for the kind words Deanie. We appreciate you, glad we could help!

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Oklahoma Transfer on Death Affidavit of Acceptance Form