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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 58. PROBATE PROCEDURE

  § 58-1253. Transfer-on-death, form.  

Latest version.

  • An interest in real estate is titled in transfer-on-death form by executing, acknowledging and recording in the office of the county clerk in the county where the real estate is located, prior to the death of the owner, a deed in substantially the following form:

    ___________________ (name of owner) being of competent mind and having the legal capacity to execute this document, as owner transfers on death to ____________________ (name of beneficiary) as grantee beneficiary, the following described interest in real estate: (here insert description of the interest in real estate).  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.  THE GRANTOR HAS THE RIGHT TO WITHDRAW OR RESCIND THIS DEED AT ANY TIME.  ANY BENEFICIARY NAMED IN THIS DEED IS HEREBY ADVISED THAT THIS DEED MAY BE WITHDRAWN OR RESCINDED WHETHER OR NOT MONEY OR ANY OTHER CONSIDERATION WAS PAID OR GIVEN.

    THE STATE OF OKLAHOMA

    COUNTY OF ___________

    Before me, on this day personally appeared __________, ___________, and ___________, the owner of the land described in this deed, and the witnesses, respectively, whose names are subscribed below in their respective capacities, and the owner of the land declared to me and to the witnesses in my presence that the deed is a revocable transfer-on-death of the real estate described therein, and the witnesses declared in the presence of the owner of the real estate and in my presence that the owner of the land declared to them that the deed is a revocable transfer-on-death of the real estate described therein and that the owner of the land wanted each of them to sign it as a witness, and that each witness did sign the same as witness in the presence of the owner of the land and in my presence.

    _______________________

    (name of owner)

    _______________________

    (witness)

    _______________________

    (witness)

    Subscribed and acknowledged before me by ______________, the owner of the land, and _____________ and _______________, witnesses, this ___ day of __________ (month), _____ (year).

    ____________________________

    (signature of notary public)

    (Seal)

    My commission expires ___________ (date).

    Instead of the words "transfer-on-death" the abbreviation "TOD" may be used.

Added by Laws 2008, c. 78, § 3, eff. Nov. 1, 2008.