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Oklahoma · 58 O.S. §§1251–1258Oklahoma transfer on death deeds: recording, revocation and the beneficiary's nine-month affidavit

An Oklahoma owner titles real estate in transfer-on-death form by recording a deed, signed by the record owner, that names one or more grantee beneficiaries; ownership passes at the owner's death, and no consideration or beneficiary signature, consent or notice is needed during life (58 O.S. §1252(A)–(B)). The designation is revoked or changed only by executing, acknowledging and recording a revocation or a later TOD deed – a will can't revoke it (§1254). After the death, each beneficiary who accepts signs an affidavit verifying the death, stating whether the owner and beneficiary were married and giving the legal description, attaches the death certificate and records it with the county clerk within nine months of the death – otherwise the interest reverts to the estate (for deaths on or after November 1, 2011) (§1252(D)–(E)). Beneficiaries take subject to the owner's recorded mortgages, liens, contracts and leases; a beneficiary who dies first loses the gift unless the deed names joint tenants with survivorship (§1255).

The rules

  1. 1. Recorded deed (§1252(A))

    Signed by the record owner and recorded; passes ownership at death.

  2. 2. Revocation (§1254)

    Only by a recorded revocation or later TOD deed – not by will.

  3. 3. Nine months (§1252(D)–(E))

    Beneficiary's affidavit and death certificate recorded within nine months, or the property reverts to the estate.

  4. 4. Encumbrances (§1255)

    Beneficiaries take subject to the owner's recorded mortgages and liens.

What the TC can do

  • When a beneficiary is selling, confirm the affidavit and death certificate were recorded within nine months of the death.
  • Check whether a later TOD deed or a recorded revocation exists.
  • Ask the title company about mortgages and liens the property passed subject to.

Questions about Oklahoma TOD deeds

What does an Oklahoma TOD beneficiary record after the owner dies?

An affidavit verifying the death, stating whether the owner and beneficiary were married and giving the legal description, with the death certificate attached – within nine months of the death (58 O.S. §1252(D)–(E)).

Can a will change an Oklahoma transfer on death deed?

No – a properly recorded TOD deed can't be revoked by a will (§1254(C)).

Add a task in ClosingCode for the beneficiary's recorded affidavit, with an owner and a due date.

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Source: Oklahoma Statutes Title 58 §§1252, 1254 and 1255 (oklegislature.gov, read October 26, 2026).

General information, not legal advice. Have the title company confirm what the beneficiaries must record. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.