Okla. Stat. tit. 16, sec 8.2
Title Examination Standards
Chapter 1, App.
Chapter 8. Joint Tenancies and Life Estates
§8.2. Direct Conveyances.
A. In drawing such conveyances, attorneys should draw direct conveyances as provided in the section. Transfers through third parties are no longer necessary. B. In examining titles, attorneys should pass direct conveyances which comply with the section, provided the conveyance is satisfactory in other respects, whether the conveyance was made before or after the effective date, May 7, 1945.
Comment: While the section has not been passed on by the Supreme Court, it is expected the Court will follow the standard because: (1) the section is constitutional, Hill v. Donnelly, 56 Cal.App.2d 387, 132 P.2d 867 (1942). (2) The court has not previously held direct conveyances executed prior to May 7, 1945, to be invalid: (3) the enactment of the section establishes the legislative policy or intention of approving direct conveyances, whether created before or after the adoption of the section. Hence, it is to be presumed that the court will recognize this policy and approve direct conveyances made prior to May 7, 1945. This was done by the court in United States v. 12,800 Acres of Land , 69 F.Supp. 767 (D. Neb., 1947). Also, see former Title Standard No. 9.3, repealed in 1987 as obsolete because of the passage of time, which approved corporate deeds attested by an assistant secretary prior to the amendment of 16 O.S. § 94, in 1933, to permit such attestation.
Title 60 O.S. § 74, which became effective May 7, 1945, authorizes the creation of joint tenancy or a tenancy by the entirety by direct conveyance. The attitude of the Bar toward this section should be as follows:
Adopted as 34., December 1959, 30 O.B.A.J. 2091, 2093 (1959). As originally adopted, the reference in the last sentence was to "Standard 25" which became "Standard 9.3" under the previous system of numbering.
The 2020 Title Examination Standards Sub-Committee of the Real Property Law Section recommended the following editorial changes to the Title Standards as they appear on OSCN to bring the printed handbook and OSCN into conformity. The Real Property Section approved the proposal, and the House of Delegates adopted the amendment on November 13, 2020. (superseded document available)