Skip to main content
How to Avoid Probate in Oklahoma
Pillar GuideOklahoma29 min read

How to Avoid Probate in Oklahoma

How to avoid probate in Oklahoma: the recorded transfer-on-death deed, joint tenancy that must say so, P.O.D. accounts, and living trusts.

By Settled Editorial

In Oklahoma, an asset skips probate when a recorded deed, a certificate of title, or a beneficiary form already names the person who takes it. That covers real estate and severed minerals under a recorded transfer-on-death deed, property held in joint tenancy, payable-on-death bank accounts, securities registered in beneficiary form, life insurance and retirement money with a living beneficiary named, a lien-free vehicle carrying a transfer-on-death notice, and anything already deeded into a living trust.

Everything else goes to the district court. 58 O.S. § 1 gives the district court probate jurisdiction to receive proof of wills, grant letters testamentary and of administration, order the payment of debts, and regulate distribution. Oklahoma has no separate probate court, so the same court hears every estate across all 77 counties, and 58 O.S. § 5 places venue in the county where the decedent lived.

Use this page as a planning map. Each tool below names the Oklahoma section that creates it, the step that makes it work, and the catch most national pages leave out. If someone has already died and you are settling the estate now, start with the Oklahoma probate guide instead.

Start With What Oklahoma Probate Actually Costs

National pages sell a living trust as the escape from a ruinous probate bill. Oklahoma does not print that bill.

Filing a probate case costs a flat $135.00 under 28 O.S. § 152(A)(3), and the same section stacks fixed assessments on top: $6.00 for the law library in subsection (B), $25.00 for the Oklahoma Court Information System in (C), $10.00 for court-appointed special advocates in (D), $2.00 for judicial complaints and courtroom interpreters in (E), and $10.00 for records management until November 1, 2027 in (G). Add the $7.00 dispute resolution cost that 12 O.S. § 1809(A) taxes in every civil case and the statutory opening total is $195.00. A county may assess up to $10.00 more for courthouse security under § 152(F).

There is no percentage court fee and no state death tax. 68 O.S. § 804.1 says that for deaths occurring on or after January 1, 2010, no lien related to estate tax attaches to any property passing through an estate, by joint tenancy, or otherwise, and no order exempting estate tax liability is needed to make real property marketable.

The money that does add up is the personal representative's commission. 58 O.S. § 527(A) allows 5 percent of the first $1,000, 4 percent of the next $5,000, and 2.5 percent of everything above $6,000, measured on the whole estate accounted for. Attorney fees sit on top of that, and Title 58 sets no schedule for them.

Recording is cheap by comparison. A one-page deed costs $8.00 for the first page under 28 O.S. § 32(A)(1) plus the $10.00 records preservation fee in § 32(C), so $18.00, and those fees are uniform statewide.

So avoiding probate in Oklahoma buys time, privacy, and a simpler handoff. Plan with that in mind and the choices below get much easier to make.

Do you need probate in Oklahoma?

Answer a few questions to see whether Oklahoma probate is required and which process applies.

Take the 2-minute assessment

The Transfer-On-Death Deed Is Oklahoma's Strongest Tool

Oklahoma passed the Nontestamentary Transfer of Property Act in 2008, and it lives at 58 O.S. §§ 1251 through 1258. Section 1252(A) lets a record owner title an interest in real estate in transfer-on-death form by recording a deed that designates a grantee beneficiary, and it defines "interest in real estate" as any estate or interest in, over or under land, including surface, minerals, structures and fixtures. That mineral clause carries real weight in a state where the biggest thing a family owns is often a severed royalty interest.

The mechanics, read off the statute:

  • Record it before you die. Section 1253 requires the deed to be executed, acknowledged and recorded in the county clerk's office where the real estate is located, prior to the death of the owner. A signed deed sitting in a drawer does nothing.
  • Two witnesses, then a notary. The statutory form printed at § 1253 has the owner and two witnesses sign, and the notary takes the acknowledgment of all three. Most transfer-on-death states ask for a notary alone, so a form pulled off a national site can fall short here.
  • The beneficiary hears nothing. Section 1252(B) requires no signature, consent, agreement, or notice to the beneficiary during the owner's lifetime.
  • You stay the owner. Section 1257 keeps the record owner the legal and equitable owner until death and treats that person as the absolute owner as regards creditors and purchasers.
  • The beneficiary has nine months to accept. For deaths on or after November 1, 2011, § 1252(E) requires the beneficiary to record an acceptance affidavit, death certificate attached, in that county within nine months of the death, or the interest reverts to the deceased grantor's estate. Section 1252(D) lists what the affidavit states.
  • Revoke it on paper. Section 1254(A) revokes the designation by a recorded instrument of revocation. Section 1254(B) changes the beneficiary by recording a later transfer-on-death deed, which cancels every earlier designation for that property. Section 1254(C) is blunt: a recorded transfer-on-death deed may not be revoked by the provisions of a will.
  • A beneficiary who dies first drops out. Section 1255(B) lapses that share, unless the deed designated the beneficiaries as joint tenants with right of survivorship among themselves. Name a backup.
  • A joint owner comes second in line. Section 1256(A) lets a joint tenant use the deed, but title vests in the beneficiary only if that owner is the last of the record joint owners to die, and the deed never severs the joint tenancy.
  • The debt travels with the land. Section 1255(A) passes the interest subject to every recorded conveyance, assignment, contract, mortgage, lien and security pledge the owner was subject to.

Each of those rules, the two-witness execution form and the nine-month acceptance affidavit are worked through in the Oklahoma transfer-on-death deed guide.

Recording the deed, and later the acceptance affidavit, are both county clerk errands. Both are walked through on the Oklahoma property transfer guide, and heirs who plan to sell afterward should read selling inherited property in Oklahoma.

Joint Tenancy Has To Say So

Two names on an Oklahoma deed do not create survivorship by themselves. 60 O.S. § 74 defines a joint interest as a joint title created by a single instrument, will or transfer when expressly declared in the instrument, will or transfer to be a joint tenancy, with tenancy by the entirety available only between husband and wife. Silence leaves the co-owners as tenants in common, and the deceased owner's share passes through the estate. Pull the recorded deed and read the granting clause before treating any co-owned property as automatic. Section 74 also settles a drafting conflict: where the granting clause grants joint tenancy and the habendum clause says something inconsistent, the granting clause wins.

When a joint tenant dies, nobody opens a case. 58 O.S. § 912(A) and (C) let a surviving joint tenant, or that person's personal representative or attorney in fact, record two documents with the county clerk where the property sits: a certified copy of the death certificate, and an affidavit describing the property, identifying the recorded document that created the joint tenancy by book and page, stating whether the parties were husband and wife, and giving the date of death. Section 912(D) makes that filing conclusive evidence of the death and of the termination, and the title is deemed marketable unless otherwise defective. For deaths on or after January 1, 2010, no estate tax release goes with it. The court administrator publishes forms for the procedure under 58 O.S. § 912.1.

Joint tenancy costs nothing to create. It also hands a living co-owner present ownership, exposes the property to that person's creditors and divorce, and cuts out anyone you did not name. Use it on purpose.

Advertisement

Payable-On-Death Bank Accounts

A P.O.D. designation names who receives an account balance at death. 6 O.S. § 901(B)(1) makes a deposit account carrying the words "Payable on Death" or "P.O.D." payable at the owner's death to the named beneficiaries, and it overrides any contrary provision in Sections 41 through 57 of Title 84, which is the wills chapter. The form at the bank beats the will.

Three points decide whether the account works:

  • The bank's own form is the only way to change it. Section 901(B)(10) says no change in a named beneficiary is valid unless the owner executes it in the form and manner the bank prescribes.
  • Every named beneficiary is first in line unless the form marks that person contingent. Section 901(B)(3).
  • No surviving beneficiary sends the money to probate. Section 901(B)(8) holds or pays the funds to the estate of the deceased owner when no beneficiary is alive at the death. Name a backup.

Adding a P.O.D. form to a solely owned account is free and takes a few minutes at the counter. It is the cheapest single step on this page.

Securities Registered In Beneficiary Form

Oklahoma adopted the Oklahoma Uniform TOD Security Registration Act at 71 O.S. §§ 901 through 913. A brokerage account, fund, or individual security registered in beneficiary form passes at the death of the sole owner, or the last of several owners, to the beneficiaries who survive them, under § 908(A), and the firm reregisters it on proof of death. Several surviving beneficiaries hold as tenants in common until the security is divided.

Section 907 keeps the owner in charge: the designation has no effect on ownership until the owner's death, and the sole owner or all then surviving owners may cancel or change it at any time without the beneficiary's consent. Section 908(B) sends the security to the estate when no beneficiary survives, the same probate fallback the bank account has, so a backup name earns its keep here too.

Retirement Accounts, Life Insurance, And The Divorce Rule

A 401(k), IRA, pension or life insurance policy pays whoever is named on the form the plan or insurer holds. This is where probate happens by accident in Oklahoma. A blank form, a stale form, or a beneficiary who died first drops the money into the estate and into court.

Oklahoma writes divorce into those contracts. 15 O.S. § 178(A) revokes every provision in favor of a former spouse in a written contract designating a beneficiary or providing for a death benefit, and it names life insurance contracts, annuities, retirement arrangements, compensation agreements, depository agreements and security registrations. The former spouse is treated for all purposes under the contract as having predeceased the decedent, and an annulment counts the same as a divorce. The exceptions in § 178(B) are narrow: a vacated decree, a remarriage to the same person, contrary wording in the decree or in the contract, a contract made after the divorce, or the decedent renaming the former spouse in writing delivered to the payor.

Read § 178(C) before you lean on any of that. The revocation does not reach an interest a former spouse holds as a joint tenant, and it does not reach a beneficial interest in an express trust the decedent created while alive. A divorce tidies up beneficiary forms and leaves the deed and the trust exactly as they were. Fix those two yourself.

Online accounts run on their own statute, covered on Oklahoma digital assets after death.

Advertisement

Vehicles

Oklahoma has a vehicle transfer-on-death designation, and it carries one hard condition. 47 O.S. § 1107.5(A) allows title to be transferred in transfer-on-death form only for a motor vehicle that is not subject to any lien or other encumbrance. The owner files a written notice with Service Oklahoma showing the vehicle identification number, the plate number if any, both names and addresses, and the owner's signature. No signature or notice to the transferee is required while the owner lives. Section 1107.5(B) lets the owner revoke or change the designation any time before death by filing an amended notice, and § 1107.5(C) has the transferee submit an affidavit verifying the death, after which Service Oklahoma issues a title reflecting the transfer.

One tax question dies here for every death route at once. 68 O.S. § 2105(4) issues a title without vehicle excise tax where legal ownership is obtained by inheritance, and it defines inheritance as any transfer from a deceased individual to the direct successor in interest without consideration, "whether through probate, administration, inter vivos trust, transfer-on-death designation, or joint ownership." Forms and counter steps sit on Oklahoma vehicle title transfers.

The Revocable Living Trust

Oklahoma trust law changed recently, and most pages have not caught up. The Oklahoma Uniform Trust Code took effect November 1, 2025 (60 O.S. § 1601.1, Laws 2025, c. 254), and 60 O.S. § 1610.3(A)(1) applies it to trusts created before as well as after that date. The older Oklahoma Trust Act of 1941, 60 O.S. §§ 175.1 through 175.57, was not repealed: § 1610.3(C) keeps its provisions in force except where one is inconsistent with an express provision of the new code. So both books are live, and the two Trust Act sections that carry the planning weight below are among the survivors.

Two Trust Act sections carry the planning weight, and the Uniform Trust Code displaced neither. 60 O.S. § 175.41 makes every trust revocable by the trustor unless the instrument creating it expressly says it is irrevocable, which is the friendly default. 60 O.S. § 175.6 requires a trust in relation to real property to be created or declared by a written instrument subscribed by the trustor or an agent authorized in writing.

Funding is where Oklahoma trusts fail. A trust avoids probate only for property actually retitled into it, and 60 O.S. § 175.6a adds a step other states do not have: where real property is transferred into or acquired in the name of the trust, the trustee shall file a memorandum of trust with the county clerk where the real property is located, showing the date the trust was created and the name of the trustee. Skip that filing and the chain of title carries a gap that an abstractor will find at the worst moment. Setup and funding are on a revocable living trust in Oklahoma, and the trust's place beside the will and the incapacity documents is on Oklahoma estate planning basics.

What Does Not Avoid Probate

Four beliefs cost Oklahoma families the most.

A will. A will routes an estate into court rather than around it. 58 O.S. § 21 gives the custodian of a will thirty days after learning the maker died to deliver it to the district court having jurisdiction or to the executor named in it, and makes a custodian who fails responsible for all damages sustained by anyone injured. 58 O.S. § 22 lets an executor, devisee, legatee or other interested person petition to have the will proved. 58 O.S. § 632 is the section that actually moves property: in the order or decree the court must name the persons and the shares each takes, and that decree is conclusive as to heirs, legatees and devisees. Read Oklahoma will requirements for what makes one valid in the first place.

The homestead. 58 O.S. § 311 lets a surviving spouse continue to possess and occupy the whole homestead and says it shall not in any event be subject to administration proceedings. The same section then says the title to that land passes the same as other property of the decedent and shall be included in the decree of distribution. Occupancy is protected. Title still goes through the case.

The small estate affidavit. 58 O.S. § 393 is a post-death shortcut, not a planning tool. Ten or more days after the death, a successor may collect personal property by affidavit stating that the fair market value of the decedent's Oklahoma property subject to disposition by will or intestate succession, less liens and encumbrances, does not exceed $50,000.00, that no application or petition for a personal representative is pending or has been granted in any jurisdiction, that each claiming successor is entitled to the stated share, and that debts and taxes are paid, provided for, or barred. It reaches personal property, not the house. Section 393(E) fines a knowingly false affidavit up to $3,000.00, six months, or both. The route is worked through on the $50,000 small estate affidavit.

The mineral affidavit of heirship. Recording an affidavit of death and heirship for a severed mineral interest is common practice here, and 16 O.S. § 67 gives it real effect. Read the conditions in subsection (C) first: the affidavit ripens into marketable title only after it has been of record for at least ten years with no instrument inconsistent with the stated heirship filed in that county during the period. That is a title-curing device on a decade-long clock, not a way to settle an estate this year.

Where Oklahoma Pulls Nonprobate Property Back

No tool on this page is absolute, and Oklahoma writes the exceptions into the statutes themselves.

Recorded liens follow the transfer-on-death deed. 58 O.S. § 1255(A) passes the property subject to every recorded conveyance, contract, mortgage, lien and security pledge. The one relief it grants is narrow: the beneficiary takes free of a surviving spouse's 84 O.S. § 44 election only as to a person who became the grantor's spouse after the deed was executed. A non-consensual lien against the beneficiary attaches once the acceptance affidavit is recorded.

SoonerCare reaches the homestead. 63 O.S. § 5051.3 authorizes the Oklahoma Health Care Authority to file and enforce a lien against the homestead of a recipient who is an inpatient of a nursing facility or an ICF/IID and cannot reasonably be expected to return home, and a one-year period of compensated inpatient care is itself that determination. Subsection (F)(2)(c) keeps the lien on the property after a transfer of title by conveyance, sale, succession, inheritance or will. Subsection (F)(3) makes it enforceable before or after the death. Subsection (F)(5) severs a joint tenancy. Subsection (D) blocks the filing while a surviving spouse, a child aged twenty or less, an incapacitated adult child, or a resident sibling with an equity interest lawfully lives there. Anyone who has received or may need SoonerCare long-term care should talk with an Oklahoma elder law attorney before retitling anything.

Securities, two years. 71 O.S. § 908(C)(1) says a registration in beneficiary form is not effective against the estate to transfer sums needed to pay debts, taxes and expenses of administration, including statutory allowances to the surviving spouse and to minor and dependent children, where other assets of the estate fall short. The beneficiary is liable to account to the personal representative, no proceeding starts without a written demand from a surviving spouse, a creditor, or someone acting for a minor dependent child, and none may start later than two years after the death.

A surviving spouse also holds an election that no deed cancels. Under 84 O.S. § 44(B), a spouse may elect against the will and take an undivided one-half interest in the property acquired by the joint industry of the husband and wife during coverture, filed in writing with the district court on or before the final date for hearing the petition for final distribution. What that share covers is on Oklahoma surviving spouse rights.

An Oklahoma Checklist

  1. Record a transfer-on-death deed for the house and for any severed minerals, naming individuals and a backup, signed before two witnesses and a notary, and confirm the county clerk recorded it while you are alive. (58 O.S. §§ 1252, 1253.)
  2. Tell the people you named that they have nine months after your death to record the acceptance affidavit in that county. (58 O.S. § 1252(E).)
  3. Pull the recorded deed on every co-owned property and confirm it expressly declares a joint tenancy. (60 O.S. § 74.)
  4. Add or refresh P.O.D. beneficiaries on every bank and credit union account, using that bank or credit union's own form. (6 O.S. § 901(B).)
  5. Register brokerage accounts in beneficiary form and name a backup there too. (71 O.S. §§ 905, 908.)
  6. Review every beneficiary designation after a marriage, divorce, birth or death, remembering that a divorce does not touch a deed or a trust. (15 O.S. § 178.)
  7. File a transfer-on-death notice with Service Oklahoma for any vehicle you own free of liens. (47 O.S. § 1107.5.)
  8. Where a trust earns its place, fund it and file the memorandum of trust with the county clerk for every parcel. (60 O.S. §§ 175.6a, 175.41.)
  9. Keep the will consistent with every deed and form, because in Oklahoma the recorded deed and the beneficiary form beat the will. (58 O.S. § 1254(C), 6 O.S. § 901(B)(1).)

When To Call An Oklahoma Attorney

Most of this list is paperwork you can handle with the bank, the broker, Service Oklahoma and the county clerk. Call a licensed Oklahoma attorney when:

  • SoonerCare long-term care is on the table, because 63 O.S. § 5051.3 reaches the homestead through nearly every tool here
  • the estate holds severed minerals or royalty spread across several counties, since each county clerk records its own instrument
  • a blended family means the survivorship wording and the will point at different people
  • a co-owned deed never expressly declared a joint tenancy and one owner has already died
  • a trust exists and nobody can say which property was ever retitled into it
  • someone has already died and you are choosing between the affidavit, summary administration and a full case

Frequently Asked Questions

Does Oklahoma have a transfer-on-death deed?

Yes. The Nontestamentary Transfer of Property Act sits at 58 O.S. §§ 1251 through 1258, added by Laws 2008, c. 78, effective November 1, 2008. Section 1252(A) lets the record owner title an interest in real estate in transfer-on-death form by recording a deed that names a grantee beneficiary, and it defines an interest in real estate to include surface, minerals, structures and fixtures. Section 1253 requires the deed to be executed, acknowledged and recorded with the county clerk where the property sits before the owner dies, using a form signed by the owner and two witnesses in front of a notary.

How long does an Oklahoma transfer-on-death beneficiary have to claim the property?

Nine months. For a record owner whose death occurs on or after November 1, 2011, 58 O.S. § 1252(E) requires the beneficiary to record an acceptance affidavit, with a copy of the death certificate attached, in the county clerk's office where the real estate is located within nine months of the death. Miss that window and the interest reverts to the deceased owner's estate, which puts the property back into probate. Section 1252(D) sets out what the affidavit must say: verification of the owner's death, whether the owner and the beneficiary were married at the death, and the legal description.

Do two names on an Oklahoma deed create survivorship?

Only if the deed says so. 60 O.S. § 74 defines a joint interest as a joint title created by a single instrument, will or transfer when the joint tenancy is expressly declared in that instrument, with tenancy by the entirety available only between husband and wife. A deed that names two owners and stays silent leaves them as tenants in common, so the deceased owner's share passes through the estate. Section 74 also settles a drafting conflict: where the granting clause grants joint tenancy and the habendum clause disagrees, the granting clause controls.

Can an Oklahoma will change a payable-on-death account?

No. 6 O.S. § 901(B)(1) makes a deposit account carrying the words Payable on Death or P.O.D. payable at the owner's death to the named beneficiaries, and it overrides any contrary provision in Sections 41 through 57 of Title 84, which is the wills chapter. Section 901(B)(10) adds that no change in a named beneficiary is valid unless the owner executes it in the form and manner the bank prescribes. The bank's form controls, and the will does not reach it.

Does a transfer-on-death deed protect Oklahoma property from a Medicaid lien?

No. 58 O.S. § 1255(A) passes the interest subject to every recorded conveyance, contract, mortgage, lien and security pledge the record owner was subject to. 63 O.S. § 5051.3 lets the Oklahoma Health Care Authority record a lien against the homestead of a recipient in long-term nursing or ICF/IID care, and subsection (F)(2)(c) keeps that lien on the property after a transfer of title by conveyance, sale, succession, inheritance or will. Subsection (F)(5) also severs a joint tenancy, and subsection (F)(3) makes the lien enforceable before or after the death.

Does a divorce cancel beneficiary designations in Oklahoma?

For contracts, yes. 15 O.S. § 178(A) revokes every provision in favor of a former spouse in a written contract designating a death-benefit beneficiary, naming life insurance contracts, annuities, retirement arrangements, compensation agreements, depository agreements and security registrations, and treats the former spouse as having predeceased the decedent. Read subsection (C) before relying on it: the revocation does not reach an interest a former spouse holds as a joint tenant, and it does not reach a beneficial interest in an express trust the decedent created while alive. A divorce leaves the deed and the trust untouched.

Is a vehicle transfer-on-death available in Oklahoma?

Yes, with one condition. 47 O.S. § 1107.5(A) allows title to be transferred in transfer-on-death form only for a motor vehicle that is not subject to any lien or other encumbrance, on a written notice filed with Service Oklahoma carrying the vehicle identification number, the plate number if any, both names and addresses, and the owner's signature. Subsection (B) lets the owner revoke or change the designation any time before death by filing an amended notice, and subsection (C) has the transferee submit an affidavit verifying the death before a new title issues.

This page describes Oklahoma law broadly rather than advising on one property or one family. The statute compilations behind it run through the 2025 legislative session, so confirm any figure or deadline with the county clerk where the property sits, the district court for that county, or a licensed Oklahoma attorney before you sign or record.

Sources:

  • Title: 58 O.S. § 1251, Short title. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Added by Laws 2008, c. 78, § 1, eff. Nov. 1, 2008; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 1252, Transfer-on-death deed - Notice to beneficiary - Acceptance of transfer-on-death deed. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Amended by Laws 2023, c. 101, § 1, eff. Nov. 1, 2023; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 1253, Transfer-on-death, form. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Added by Laws 2008, c. 78, § 3, eff. Nov. 1, 2008; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 1254, Revocation or change of grantee beneficiary - Effect of will. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Amended by Laws 2011, c. 372, § 2, eff. Nov. 1, 2011; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 1255, Grantee interest subject to encumbrances - Non-consensual lien - Lapse of transfer. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Amended by Laws 2011, c. 372, § 3, eff. Nov. 1, 2011; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 1256, Effect of deed on joint tenancy - "Joint owner" defined. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Added by Laws 2008, c. 78, § 6, eff. Nov. 1, 2008; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 1257, Record owner considered absolute owner. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Added by Laws 2008, c. 78, § 7, eff. Nov. 1, 2008; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 912, Termination of joint tenancy or life tenancy with remainder interest by affidavit. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Amended by Laws 2010, c. 436, § 3, eff. July 1, 2010; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 393, Payment or delivery of property to successor by affidavit. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Amended by Laws 2017, c. 73, § 2, eff. Nov. 1, 2017; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 311, Property to be delivered to the family - Homestead. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: R.L. 1910, § 6328; Laws 1953, p. 236, § 19; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 632, Rights fixed by decree. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: R.L. 1910, § 6464; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 58 O.S. § 527, Fees and commissions. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 58 (Probate Procedure). Publication Date: Laws 1992, c. 395, § 10, eff. Sept. 1, 1992; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf
  • Title: 60 O.S. § 74, Joint tenancy and tenancy by entirety. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 60 (Property). Publication Date: Added by Laws 1945, p. 213, § 1, emerg. eff. May 7, 1945; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os60.pdf
  • Title: 60 O.S. § 175.6a, Acquiring and holding real property in name of express trust - Transfer - Memorandum - Presumption for conveyance by trustee. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 60 (Property). Publication Date: Added by Laws 1989, c. 223, § 1, eff. Nov. 1, 1989; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os60.pdf
  • Title: 60 O.S. § 175.41, Revocation of trust by trustor. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 60 (Property). Publication Date: Laws 1941, p. 263, § 41; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os60.pdf
  • Title: 6 O.S. § 901, Deposits in name of two or more persons - "Payable on Death" deposit accounts - Forms of deposit accounts included. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 6 (Banks and Trust Companies). Publication Date: Amended by Laws 2021, c. 316, § 2, eff. Nov. 1, 2021; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os6.pdf
  • Title: 71 O.S. § 908, Ownership on death - Rights of creditors. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 71 (Securities). Publication Date: Added by Laws 1994, c. 208, § 8, eff. Sept. 1, 1994; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os71.pdf
  • Title: 47 O.S. § 1107.5, Transfer of title in transfer-on-death form. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 47 (Motor Vehicles). Publication Date: Amended by Laws 2022, c. 282, § 119, emerg. eff. May 19, 2022; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf
  • Title: 68 O.S. § 2105, Exemptions. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 68 (Revenue and Taxation). Publication Date: Amended by Laws 2023, c. 71, § 1, eff. Nov. 1, 2023; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os68.pdf
  • Title: 68 O.S. § 804.1, Estate tax lien. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 68 (Revenue and Taxation). Publication Date: Amended by Laws 2017, c. 171, § 1, eff. Nov. 1, 2017; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os68.pdf
  • Title: 63 O.S. § 5051.3, Medical assistance - Homestead lien. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 63 (Public Health and Safety). Publication Date: Amended by Laws 2017, c. 255, § 1, eff. Nov. 1, 2017; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf
  • Title: 15 O.S. § 178, Contracts of designating former spouse as beneficiary or providing death benefits - Effect of divorce or annulment. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 15 (Contracts). Publication Date: Amended by Laws 1994, c. 313, § 4, eff. Sept. 1, 1994; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os15.pdf
  • Title: 16 O.S. § 67, Claim and purchase of severed mineral interest through recorded affidavit of death and heirship. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 16 (Conveyances). Publication Date: Amended by Laws 2010, c. 223, § 1, emerg. eff. May 10, 2010; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os16.pdf
  • Title: 28 O.S. § 152, Flat fee schedule - In forma pauperis. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 28 (Fees). Publication Date: Amended by Laws 2025, c. 87, eff. Nov. 1, 2025; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os28.pdf
  • Title: 28 O.S. § 32, County clerk - Fees. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 28 (Fees). Publication Date: Amended by Laws 2019, c. 68, § 1, eff. Nov. 1, 2019; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os28.pdf
  • Title: 12 O.S. § 1809, Collection and disposition of court costs and fees. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 12 (Civil Procedure). Publication Date: Amended by Laws 2019, c. 354, § 1, eff. July 1, 2019; compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf
  • Title: 84 O.S. § 44, Property which may be disposed of - Election by surviving spouse - Homestead. Publisher: Oklahoma Legislature, Oklahoma Statutes Title 84 (Wills and Succession). Publication Date: Compilation through the 2025 session, accessed 2026-09-02. URL: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os84.pdf

It is not legal advice.

Prefer to talk it through? Get a free local attorney match (no obligation).

Settled Estate is not a law firm and does not give legal advice.

Ready to put your own plan in place?

This guide covered the tools. The estate planning hub walks through wills, trusts, beneficiary designations, and the documents that put them in place.

Explore estate planning in Oklahoma

Information current as of September 2, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Oklahoma can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.