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 TOD Affidavit Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Transfer on Death Affidavit of Acceptance

Update beneficiary designations after a life change
Name a trust as the beneficiary of your real property
Ensure your property passes directly to heirs at death
Provide for a loved one without giving up current ownership
Transfer property automatically at death without probate

Compare other Oklahoma deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Mortgage and Promissory Note Full Release and Discharge of Mortgage Contract for Deed Memorandum of Contract for Deed Full Release of Memorandum of Contract for Deed Transfer on Death Deed Transfer on Death Revocation Affidavit of Surviving Joint Tenant Trustee Deed Personal Representative Deed Power of Sale Personal Representative Deed of Distribution Personal Representative Deed of Sale Preliminary Notice Claim of Mechanics Lien Affidavit of Cancellation of Lien Notice of Bond to Discharge Lien Release of Mechanic Lien Request for Waiver of Lien Mechanics Lien Waiver Request for List Disclaimer of Interest Memorandum of Trust Lis Pendens - Notice of Pending Suit Mineral Deed Mineral Deed with Quitclaim Covenants

Important: County-Specific Forms

Our transfer on death affidavit of acceptance forms are specifically formatted for each county 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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