Oklahoma - Johnston County Transfer on Death Deed Forms

Included Forms

All Johnston County specific forms and documents listed below are included in your immediate download package:

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Included Supplemental Documents

The Following Oklahoma and Johnston County supplemental forms are included as a courtesy with your order.

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Affidavit - Documentary Stamp Tax (Oklahoma Document)

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Documentary Stamp Tax Exemptions (Oklahoma Document)

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Documentary Stamp Tax Guide (Oklahoma Document)

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Oklahoma Stamp Tax Chart (Oklahoma Document)

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Homestead Exemption Application (Oklahoma Document)

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Frequently Asked Questions (Oklahoma Document)

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Certificate of Acknowledgment - Individual (Oklahoma Document)

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Certificate of Acknowledgment - Representative (Oklahoma Document)

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Jurat (Oklahoma Document)

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Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by Oklahoma or Johnston County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the Johnston County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our Johnston County Transfer on Death Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the Transfer on Death Deed forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Johnston County that you need to transfer you would only need to order our forms once for all of your properties in Johnston County.
• Are these forms guaranteed to be recordable in Johnston County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Johnston County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Transfer on Death Deed Forms:

• Johnston County

Including:

• Bromide
• Coleman
• Connerville
• Kenefic
• Mannsville
• Milburn
• Mill Creek
• Ravia
• Tishomingo
• Wapanucka

What is the Oklahoma Transfer on Death Deed?

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.

Owners who execute and record a TODD retain absolute control over and use of the property interest while living. In addition, they may modify, revoke, or otherwise convey the land any way they wish, without penalty or obligation to the beneficiaries. This is possible because unlike a traditional conveyance, there is no delivery requirement to notify the beneficiaries about what they might receive -- the deed only conveys a potential future interest in whatever remains after the owner's death ( 58-1252(B), 1257).

The statutes define an interest in real property to include "any estate or interest in, over or under land, including surface, minerals, structures and fixtures" ( 58-1252)(A)), meaning that the transfer is not limited to land, but can also include mineral rights and royalties.

Even though a TODD is not impacted by the owner's will, to reduce the likelihood of fraud and coercion, it demands the same standards of competence and capacity. Additionally, the document must be signed and acknowledged, in the presence of a notary, by the owner and two disinterested witnesses (individuals with no potential claims on the property rights) prior to recording ( 58-1253, 1258).

After the owner dies, each surviving beneficiary must execute and record an affidavit affirming his/her acceptance of the transfer ( 58-1252(C), (D)). The beneficiary takes the interest subject to all recorded obligations related to it.

NOTE: The transfer on death deed and any associated changes or revocations must be recorded, DURING THE OWNER'S LIFE, in the county where the property is located.

Overall, a transfer on death deed offers a convenient, flexible estate planning tool for owners of interests in Oklahoma real property. Each circumstance is unique, so consider all options carefully. For additional information or complex situations, contact a local attorney.

Our Promise

The documents you receive here will meet, or exceed, the Johnston County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Johnston County Transfer on Death Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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September 23rd, 2022

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