Title Examination Standards
Chapter 1, App.
Chapter 17. Title through Decedents' Estates
§17.4.1 Accepting an Interest Pursuant to a Transfer-on-Death Deed.

17.4.1 ACCEPTING AN INTEREST PURSUANT TO A TRANSFER-ON-DEATH DEED

To accept the transfer of a conveyance to multiple grantee beneficiaries in a Transfer-on-Death Deed, each individual beneficiary must accept and record the Affidavit affirming the acceptance of the conveyed real property interest under the Transfer-on-Death Deed.

Authority: 58 O.S. §1252.

Comment No. 1: All beneficiaries must execute and record an acceptance in order to receive their respective interest under a Transfer on Death Deed. As an example, A executes a Transfer on Death Deed naming X, Y, and Z as beneficiaries. X and Y execute and record the acceptance required under the statute. Z does not. In this situation, the 1/3 interest that would have gone to Z reverts to A's estate to be distributed by proceedings pursuant to applicable law and statute. Under this scenario, the 1/3 interest which reverts to A's estate may ultimately be distributed to a party other than or in addition to Z.

Comment No. 2: It is irrelevant whether the grantees/beneficiaries execute a single document, or they execute their respective acceptances on separate documents.

The Title Examination Sub-Committee of the Real Property Law Section recommended a new Standard 17.4.1 be included to assist title examiners with the documents required for the acceptance of an interest pursuant to a Transfer-on-Death Deed. The Real Property Section approved the proposal and the House of Delegates adopted the Standard on November 4, 2022.