Avoid Probate
Many individuals seek ways to bypass probate after observing the lengthy, contentious, and costly proceedings faced by family members or friends. This series explores practical alternatives—previous installments covered joint tenancy warranty deeds and life estates. This post focuses on another powerful probate‑avoidance tool: the Transfer on Death Deed.
Transfer on Death Deed
A Transfer on Death (TOD) Deed allows the current property owner (grantor) to name one or more beneficiaries (grantees) who will inherit the property automatically upon the grantor’s death—completely outside of probate. Once signed and recorded, the deed remains dormant until death, when title passes directly to the listed grantees.
Key advantages of a TOD Deed include:
- Revocability: The grantor may amend or revoke the deed at any time without notifying the beneficiaries.
- Privacy: Transfers occur without public court filings.
- Simplicity: Recording requirements are minimal compared to trust funding.
Considerations for Use
TOD Deeds work especially well for individual residences or other real property intended for specific heirs. To ensure validity, the document must be executed and recorded in accordance with state law, and no conflicting probate actions in Oklahoma or anywhere else should be pending against the same property. Clear naming of grantees helps prevent title disputes after death.
For more information on Transfer on Death Deeds and other probate‑avoidance strategies, contact an Oklahoma probate lawyer at (918) 876‑4500.