When a loved one passes away, the transfer of their property deed can become an important yet sometimes complicated task. In Oklahoma, the process of transferring a property deed after death depends on several factors, including whether the deceased had a will, whether the property was owned jointly, and how the property was titled. Understanding the legal process can help avoid delays and ensure a smooth transfer of ownership.

Determine the Type of Ownership

The first step in transferring a property deed is to determine the type of ownership the deceased had. There are several common ways real estate is owned, each affecting how the property is transferred upon death:

• Sole Ownership: If the deceased owned the property solely in their name, the property will typically need to go through probate (the legal process of administering a deceased person’s estate) before it can be transferred to heirs.
• Joint Tenancy with Right of Survivorship: If the property was in joint tenancy, the surviving co-owner(s) automatically inherit the property upon the death of the other, without the need for probate. This is one of the most straightforward ways to transfer property.
• Tenancy in Common: If the property was a tenancy in common, the deceased’s share of the property will pass according to their will or, if there is no will, under Oklahoma’s laws of intestate succession.
• Living Trust: If the deceased placed the property into a living trust, the successor trustee can transfer the property directly to the beneficiaries without going through probate.

Probate Process

If the property must go through probate, the legal process can take months or longer, depending on the complexity. Here are the typical steps:

• File the Will: If there is a will, the executor must file it with the court and initiate probate. If there is no will, the court will appoint an administrator to manage the estate.
• Appointing an Executor or Administrator: The court will appoint an executor (if there is a will) or an administrator (if there is no will) to manage the estate, including the property. The executor or administrator is responsible for collecting and distributing the deceased’s assets.
• Clear Title: Once the estate has been probated and all debts, taxes, and expenses are settled, the title to the property can be transferred to the heirs or beneficiaries as dictated by the will or Oklahoma’s laws of intestate succession.

Affidavit of Death and Heirship

In Oklahoma, for small estates ($50,000 or less in total assets, excluding the homestead), the transfer of property can sometimes haappen without going through formal probate. The heirs can use an Affidavit of Death and Heirship to transfer real property. This document is a sworn statement that affirms the death of the property owner and the identities of the heirs.

To use this process:

• The property must meet the small estate criteria.
• The heirs must be able to prove their relationship to the deceased.
• You must file the Affidavit of Death and Heirship with the county clerk where the property is located.

Once filed, the county clerk records the affidavit, and the new owners can transfer the deed into their names.

Transfer by Will

If the deceased had a valid will, the property deed will typically pass according to the provisions of that will. The executor of the will must present the will to the probate court, which will ensure the transfer is correct. In this case, the executor must prepare and file a deed of distribution, transferring the property to the heirs as per the will’s instructions.

Transfer Without Probate (Title by Affidavit)

Oklahoma law allows for certain small estates to bypass formal probate using a Title by Affidavit process. This applies when the property value does not exceed a specific threshold, and all heirs agree on the transfer. The person inheriting the property will need to submit an affidavit to the county clerk, similar to the Affidavit of Death and Heirship. This process is faster and more cost-effective than formal probate, but it’s only available under certain circumstances.

Updating the Property Deed

Once the transfer is complete, the new owner must update the property deed in the county clerk’s office. This involves recording the new deed, which reflects the change in ownership. You must file the deed of distribution or other appropriate legal documents to officially record the transfer.

Wagoner Probate Attorneys

Transferring property after the death of a loved one can become complicated, especially if there are disputes among heirs or if the estate is large and requires probate. Call our team of probate attorneys at Kania Law – Wagoner Attorneys at 918-283-7394 for a free consultation. Or you can follow this link to ask a free online legal question.