How to Avoid Probate in Oklahoma

Non-probate transfers available in Oklahoma: (1) Transfer-on-death deed for real estate, recorded before death; the beneficiary must record an acceptance affidavit within nine months after death (58 O.S. §§ 1251-1258). (2) Joint tenancy with right of survivorship in real estate, ended by affidavit and death certificate filed with the county clerk (58 O.S. § 912). (3) Payable-on-death (P.O.D.) bank deposit accounts and joint accounts payable to the survivor (6 O.S. § 901). (4) Transfer-on-death registration of securities, a nonprobate transfer (71 O.S. §§ 901-913). (5) Transfer-on-death notice for an unencumbered motor vehicle filed with Service Oklahoma (47 O.S. § 1107.5). (6) Small estate affidavit for personal property when the estate subject to probate is $50,000 or less (58 O.S. § 393). (7) Summary administration for estates of $200,000 or less (58 O.S. § 245). (8) Revocable living trust.

Ten or more days after the death, a successor may collect money owed to the decedent, tangible personal property, and instruments such as stock or other evidence of a debt or obligation by presenting an affidavit stating that: the fair market value of the decedent's Oklahoma property subject to a will or intestate succession, less liens and encumbrances, is not more than $50,000; no petition to appoint a personal representative is pending or has been granted anywhere; each claiming successor is entitled to the property in the stated shares; and all taxes and debts of the estate have been paid, provided for, or are barred. Transfer agents and officials who keep title records (for example, vehicle titles) must re-register the property to the successor. The affidavit covers personal property; it does not transfer title to real estate.

Yes, under the Nontestamentary Transfer of Property Act. The owner must sign, acknowledge and record the transfer-on-death deed with the county clerk where the property is located before death; the statutory form includes two witnesses and a notary acknowledgment. No consideration and no notice to or consent of the beneficiary is needed, and the deed can be revoked or changed only by recording a revocation or a later TOD deed (not by a will). After the owner's death, each beneficiary must sign an affidavit (with a copy of the death certificate attached) and record it with the county clerk within nine months of the death, or the interest reverts to the owner's estate.