Title Examination Standards
Chapter 1, App.
Chapter 17. Title through Decedents' Estates
§17.4.2 Elements of Proper Acceptance

17.4.2 ELEMENTS OF PROPER ACCEPTANCE

A designated grantee beneficiary will be deemed to have properly accepted the interest under a Transfer-on-Death Deed if the recorded Affidavit is in substantial compliance with the requirements of 58 O.S. § 1252. The substantial compliance should, at a minimum, include 1) an affirmation that the record owner is deceased, and 2) a legal description of the real estate.

The additional requirements of whether the record owner and designated beneficiary were married at the time of death, and a copy of the Death Certificate should be supplemented at a later time after the nine-month statutory period.

Authority: 58 O.S. §1252.

The Title Examination Standards Sub-Committee of the Real Property Law Section recommended a new Standard 17.4.2 be included to assist title examiners with understanding the impact of errors in the recitals of an acceptance affidavit. The Real Property Section approved the proposal and the House of Delegates adopted the Standard on July 12, 2024.

The 2025 Title Examination Standards Sub-Committee of the Real Property Law Section recommends the following changes be made to standards 17.4.2 and 17.4.3 in order to properly guide examining attorneys when drafting or examining acceptance(s) of land via a Transfer on Death Deed. The recommendation was approved November 7, 2025. (superseded document available)