Transfer-on-Death Deed

TRANSFER-ON-DEATH DEED

State of Oklahoma

Pursuant to 58 O.S. Section 1251 et seq. (Nontestamentary Transfer of Property Act)

THIS TRANSFER-ON-DEATH DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE OWNER. IT REVOKES ALL PRIOR BENEFICIARY DESIGNATIONS BY THIS OWNER FOR THIS INTEREST IN REAL ESTATE.

After recording return to:
[________________________________]
[________________________________]
[________________________________]

TABLE OF CONTENTS

1. Owner Information
2. Property Description
3. Beneficiary Designation
4. Retained Rights and Revocability
5. Revocation
6. Effect at Owner's Death
7. Beneficiary Acceptance Requirements
8. Recording Requirements
9. Execution
10. Important Notices

ARTICLE I -- OWNER INFORMATION

Date of Execution: [__/__/____]

Owner/Grantor Name: [________________________________]

Owner Mailing Address:
[________________________________]
[________________________________]

Marital Status:
☐ Single / Unmarried
☐ Married to [________________________________]
☐ Widowed
☐ Divorced

ARTICLE II -- PROPERTY DESCRIPTION

[________________________________] (name of owner), being of competent mind and having the legal capacity to execute this document, as owner transfers on death to the grantee beneficiary(ies) designated herein, the following described interest in real estate located in [________________________________] County, State of Oklahoma:

Property Street Address:
[________________________________]

Legal Description:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

ARTICLE III -- BENEFICIARY DESIGNATION

Section 3.1 -- Grantee Beneficiary(ies)

Section 3.2 -- Share Allocation (if applicable)

ARTICLE IV -- RETAINED RIGHTS AND REVOCABILITY

Under 58 O.S. Section 1255:

1. The Owner retains full ownership and control during their lifetime;
2. The beneficiary has no interest in the property until the Owner's death;
3. The signature, consent, or agreement of the beneficiary is not required during the Owner's lifetime (58 O.S. Section 1252(B));
4. THE GRANTOR HAS THE RIGHT TO WITHDRAW OR RESCIND THIS DEED AT ANY TIME;
5. ANY BENEFICIARY NAMED IN THIS DEED IS HEREBY ADVISED THAT THIS DEED MAY BE WITHDRAWN OR RESCINDED WHETHER OR NOT MONEY OR ANY OTHER CONSIDERATION WAS PAID OR GIVEN.

ARTICLE V -- REVOCATION

Section 5.1 -- Methods of Revocation (58 O.S. Section 1254)

This Deed may be revoked by recording any of the following:

1. An instrument specifically revoking this Deed;
2. A subsequently executed Transfer-on-Death Deed covering the same property; or
3. A subsequent inter vivos deed that vests title in a grantee.

Section 5.2 -- No Consent Required

Revocation does not require the consent, notice, or agreement of any beneficiary.

ARTICLE VI -- EFFECT AT OWNER'S DEATH

Upon the death of the Owner:

1. Title to the property transfers to the designated grantee beneficiary(ies);
2. The transfer is subject to all existing liens, encumbrances, and mortgages;
3. The transfer is nontestamentary (58 O.S. Section 1257) -- it is not a will and is not subject to probate requirements;
4. If a designated beneficiary does not survive the Owner, that beneficiary's interest may lapse per Oklahoma law.

ARTICLE VII -- BENEFICIARY ACCEPTANCE REQUIREMENTS

Section 7.1 -- Acceptance Affidavit (58 O.S. Section 1252(D))

Each designated grantee beneficiary wishing to accept real estate under this Deed must execute an affidavit affirming:

1. ☐ Verification of the record owner's death;
2. ☐ Whether the record owner and the designated beneficiary were married at the time of death;
3. ☐ A legal description of the real estate.

Section 7.2 -- Death Certificate Requirement

The grantee must attach a copy of the record owner's death certificate to the beneficiary affidavit (58 O.S. Section 1252(E)).

Section 7.3 -- Nine-Month Deadline

For deaths occurring on or after November 1, 2011: The beneficiary must record the acceptance affidavit and related documents within nine (9) months of the grantor's death. If not timely recorded, the interest in the property reverts to the deceased grantor's estate (58 O.S. Section 1252(E)).

Section 7.4 -- Individual Acceptance Only

Each designated grantee beneficiary may accept real estate only on behalf of himself, herself, or a legal entity over which he or she has proper authority. A beneficiary shall not accept on behalf of another designated beneficiary (58 O.S. Section 1252(C)).

ARTICLE VIII -- RECORDING REQUIREMENTS

This Deed must be recorded before the Owner's death in the office of the County Clerk where the real estate is located.

ARTICLE IX -- EXECUTION

Section 9.1 -- Owner's Signature

Owner Signature: ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Section 9.2 -- Witnesses

Witness 1 Signature: ________________________________

Printed Name: [________________________________]

Witness 2 Signature: ________________________________

Printed Name: [________________________________]

Section 9.3 -- Notary Acknowledgment

STATE OF OKLAHOMA
COUNTY OF [________________________________]

Before me, on this [____] day of [________________], 20[____], personally appeared [________________________________], the owner of the land described in this Deed, and [________________________________] and [________________________________], witnesses, respectively, whose names are subscribed above in their respective capacities, and each acknowledged that he/she executed the same as his/her free and voluntary act.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

Commission Number: [________________________________]

[NOTARIAL SEAL]

ARTICLE X -- IMPORTANT NOTICES

Notice to Owner

1. This Deed must be recorded before your death or it has no effect.
2. This Deed is revocable at any time during your lifetime.
3. Recording a new TOD deed for the same property revokes this Deed.
4. This Deed is nontestamentary and does not need to be probated.
5. Oklahoma includes surface, minerals, structures, and fixtures in "interest in real estate."

Notice to Beneficiary

1. You have no rights to the property during the Owner's lifetime.
2. You MUST file an acceptance affidavit within 9 months of the Owner's death (for deaths on or after November 1, 2011), or the property reverts to the deceased Owner's estate.
3. You must attach a copy of the death certificate to your acceptance affidavit.
4. You may only accept on your own behalf -- not on behalf of other beneficiaries.
5. Consult an attorney regarding tax implications and potential creditor claims.

CHECKLIST FOR COMPLETION

☐ All Owner information completed in Article I
☐ Full legal description of property included in Article II
☐ At least one grantee beneficiary designated in Article III
☐ Share allocation specified if multiple beneficiaries
☐ Deed signed by Owner
☐ Deed witnessed by two witnesses
☐ Notary acknowledgment completed with seal
☐ Deed recorded before Owner's death at County Clerk's office
☐ Copy retained by Owner for personal records
☐ Beneficiary advised of 9-month acceptance deadline
☐ Attorney review completed before execution

SOURCES AND REFERENCES

• Oklahoma Nontestamentary Transfer of Property Act, 58 O.S. Section 1251 et seq.
• 58 O.S. Section 1252 -- Transfer-on-Death Deed; Acceptance Affidavit
• 58 O.S. Section 1253 -- Statutory Form
• 58 O.S. Section 1254 -- Revocation
• 58 O.S. Section 1255 -- Effect of Transfer-on-Death Deed
• 58 O.S. Section 1257 -- Nontestamentary Nature
• Oklahoma State Auditor and Inspector Form 246 -- Transfer-on-Death Deed
• Oklahoma Bar Association Title Examination Standard 17.4
• Legal Aid Services of Oklahoma, "Transfer on Death Deed" Guide