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An Act
ENROLLED HOUSE
BILL NO. 3500 By: Duel of the House
and
Howard of the Senate
An Act relating to transfer-on-death deeds; amending
58 O.S. 2021, Section 1252, as amended by Section 1,
Chapter 101, O.S.L. 2023 (58 O.S. Supp. 2025, Section
1252), which relates to acceptance by designated
grantee beneficiary; modifying procedures for
affidavits to accept certain property; modifying time
limitation for acceptance of certain property;
providing procedure if transfer-on-death deed is not
claimed within certain time period after death of
record owner; requiring certain notice; and providing
an effective date.
SUBJECT: Transfer-on-death deeds
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 58 O.S. 2021, Section 1252, as
amended by Section 1, Chapter 101, O.S.L. 2023 (58 O.S. Supp. 2025,
Section 1252), is amended to read as follows:
Section 1252. A. An interest in real estate may be titled in
transfer-on-death form by recording a deed, signed by the record
owner of the interest, designating a grantee beneficiary or
beneficiaries of the interest. The deed shall transfer ownership of
the interest upon the death of the owner. A transfer-on-death deed
need not be supported by consideration. For purposes of the
Nontestamentary Transfer of Property Act, an “interest in real
estate” means any estate or interest in, over or under land,
including surface, minerals, structures and fixtures.
B. The signature, consent or agreement of or notice to a
grantee beneficiary or beneficiaries of a transfer-on-death deed
ENR. H. B. NO. 3500 Page 2
shall not be required for any purpose during the lifetime of the
record owner.
C. A designated grantee beneficiary may accept real estate
pursuant to a transfer-on-death deed only on behalf of himself,
herself, or a legal entity over which he or she has proper
authority. A beneficiary shall not accept such real estate on
behalf of another designated beneficiary.
D. Each designated grantee beneficiary wishing to accept real
estate pursuant to a transfer-on-death deed shall execute an
affidavit affirming:
1. Verification of the record owner’s death;
2. Whether the record owner and the designated beneficiary were
married at the time of the record owner’s death; and
3. A legal description of the real estate.
E. The Each designated grantee beneficiary shall attach sign
and record an affidavit and a copy of the record owner’s death
certificate to the beneficiary affidavit. For a record owner’s
death occurring on or after November 1, 2011, the beneficiary shall
record the affidavit and related documents with the office of the
county clerk where the real estate is located within nine (9) months
of the grantor’s death, otherwise the interest in the property
reverts to the deceased grantor’s estate; provided, however, for a
record owner’s death occurring before November 1, 2011, such
recording of the affidavit and related documents by the beneficiary
shall not be subject to the nine-month time limitation acknowledging
the beneficiary’s acceptance of the interest in the real estate. A
beneficiary may only accept real estate on his or her own behalf;
provided, however, multiple beneficiaries may sign the same
affidavit. The affidavit may be filed at any time after the death
of the record owner provided that the presentment date for creditors
has not passed for the estate of the record owner as provided in
subsection F of this section. Notwithstanding the provisions of
Section 26 of Title 16 of the Oklahoma Statutes, an affidavit
properly sworn to before a notary shall be received for record and
recorded by the county clerk without having been acknowledged and,
when recorded, shall be effective as if it had been acknowledged.
F. If no designated grantee beneficiary claims the real estate
within one (1) year of the death of the record owner, such property
ENR. H. B. NO. 3500 Page 3
may be included in an estate of the record owner opened pursuant to
Title 58 of the Oklahoma Statutes. Notice shall be provided to all
named beneficiaries of the deed in the manner required by the
probate procedure for a known creditor of the estate. Any unclaimed
interest remaining at the expiration of the presentment date for
creditor claims in the probate of the estate of the record owner
shall be forfeited and barred from being claimed by the named
beneficiary and the unclaimed interest shall become property of the
estate. If an estate of the record owner is opened for probate
prior to the one-year anniversary of the date of death of the record
owner, the personal representative shall be required to provide a
new notice to each unclaimed beneficiary at his or her last-known
address, or if an unclaimed beneficiary's address is unknown or the
unclaimed beneficiary has died after the record owner but prior to
acceptance, then by publication in one issue of a newspaper in the
county in which the property is located. The unclaimed interest
shall not be forfeited to the estate until thirty (30) days after
the mailing of notice or the publication of notice in the newspaper.
Upon the expiration of such period, the unclaimed interest shall
become property of the estate.
G. A beneficiary affidavit recorded pursuant to this section
before November 1, 2023, in which one or more, but not all, named
beneficiaries of a transfer-on-death deed explicitly accepts the
interests being conveyed by the deed on behalf of all or some of the
beneficiaries named therein shall be effective to accept such
interests if executed by at least one of the named beneficiaries
accepting such interests.
SECTION 2. This act shall become effective November 1, 2026.
ENR. H. B. NO. 3500 Page 4
Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 29th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________