Title Examination Standards
Chapter 1, App.
Chapter 17. Title through Decedents' Estates
§17.1. Conveyance to Estate.

A conveyance to the estate of a deceased individual, executed prior to November 1, 1995, is inadequate since such a grantee was not an entity capable of holding title prior to November 1, 1995. In such cases, a deed should be obtained from the grantor or the grantor's successors, and, in order to obtain possible equitable interests, a deed also should be obtained from the heirs or devisees of the decedent named. On or after November 1, 1995, a conveyance to the estate of a deceased individual is adequate.

Authority: 16 O.S. § 1; Simmons v. Spratt, 1 So. 860 (Fla. 1887); McInerney v. Beek, 10 Wash. 515, 39 P. 130 (1895); Nilson v. Hamilton, 53 Utah 594, 174 P. 624 (1918); Neal v. Harber, 35 Ga.App. 631, 134 S.E. 349 (1926); Kenaston v. Lorig, 81 Minn. 454, 84 N.W. 323 (1900); Patton on Titles § 337 (2d ed. 1957); 4 Tiffany, Real Property § 967 (3d ed. 1939). Annot., 148 A.L.R. 252 (1944). Contra : McKee v. Ellis, 37 Tex.Civ.App. 365, 83 S.W. 880 (1904); Black v. Brown, 129 Ark. 270,195 S.W. 673 (1917).

History: Adopted as 18, November 16, 1946, 17 O.B.A.J. 1729 (1946), printed, id. at 1753-54; became 21 on renumbering in 1948, 19 O.B.A.J. 223, 227-228 (1948) at which time the citations were added. The 1998 Report of the Title Examination Standards Committee recommended revisions to reflect amendments 16 O.S. § 1 and to clarify terms. 69 O.B.J. 3475 (October 17, 1998). the Real Property Law Section approved these revisions on November 12, 1998 and the House of Delegates adopted the recommendation on November 13, 1998. 69 O.B.J. 4166 (December 5, 1998).