Don’t miss the Oklahoma Transfer on Death Deed Deadline Filing Date

I have written about the Oklahoma transfer-on-death deed is a probate-avoidance tool. 

The TOD Deed allows a person to set up their property to transfer to another person after the owner of the property dies.  The person receiving the property only need file an affidavit with the county clerk stating that the person died, whether the person was married, and a legal description of the property.

However, there is an important requirement that you must not miss: 

The person receiving the property has only nine months following the death of the property owner to file the required affidavit.  If the person fails to file the affidavit within 9 months, the property becomes part of the deceased person’s estate.  If the property becomes part of the deceased person’s estate, there almost certainly will need to be a probate.

So, if you are in position of receiving property under an Oklahoma transfer-on-death deed, be certain to track the 9-month date.


Posted by Shawn Roberts

On this blog, I write about and try to answer practical Oklahoma legal questions. My focus and most experience is in estate planning and business issues including Oklahoma non-compete law. I make a living as an attorney in the law firm I founded, Shawn J. Roberts, P.C. in Oklahoma City. I live in Edmond with my wife Amy and my two children, Sam (19) and David (11). We live precisely in the path of where the "wind comes sweeping down the plains."