Cherokee County Transfer on Death Affidavit of Acceptance Form (Oklahoma)
All Cherokee County specific forms and documents listed below are included in your immediate download package:
Transfer on Death Affidavit of Acceptance Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Cherokee County compliant document last validated/updated 5/29/2024
Transfer on Death Affidavit of Acceptance Guide
Line by line guide explaining every blank on the form.
Included Cherokee County compliant document last validated/updated 4/19/2024
Completed Example of the Transfer on Death Affidavit of Acceptance Document
Example of a properly completed form for reference.
Included Cherokee County compliant document last validated/updated 6/25/2024
The following Oklahoma and Cherokee County supplemental forms are included as a courtesy with your order:
When using these Transfer on Death Affidavit of Acceptance forms, the subject real estate must be physically located in Cherokee County. The executed documents should then be recorded in the following office:
Cherokee County Clerk
213 W Delaware St, Rm 200, Tahlequah, Oklahoma 74464
Hours: 8:00am to 4:30pm Monday through Friday
Phone: (918) 456-3171
Local jurisdictions located in Cherokee County include:
- Cookson
- Hulbert
- Moodys
- Park Hill
- Peggs
- Tahlequah
- Welling
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Cherokee County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Cherokee County using our eRecording service.
Are these forms guaranteed to be recordable in Cherokee County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cherokee County including margin requirements, content requirements, font and font size requirements.
Can the Transfer on Death Affidavit of Acceptance forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Cherokee County that you need to transfer you would only need to order our forms once for all of your properties in Cherokee County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Oklahoma or Cherokee County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Cherokee County Transfer on Death Affidavit of Acceptance forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Transfer on death deeds (TODDs) in Oklahoma are governed by the Nontestamentary Transfer of Property Act (Title 58 O.S. 1251-1258), enacted in 2008. This law allows owners of interests in real property located in Oklahoma to designate one or more beneficiaries to receive those interests after the owner dies, but without the need for probate.
The statutes do not provide a specific form for completing the transfer of property rights for a recorded TODD, but they do include details about the process at 58-1252 (C), (D). To accept the property, the beneficiary must execute and record an affidavit of acceptance containing:
1. Verification of the owner's death, including a certified copy of the death certificate;
2. A statement about whether or not the owner and the beneficiary where married to each other at the time of death; and
3. A legal description of the real estate interests to be transferred.
In some cases, the beneficiary must also submit an estate tax release. Contact a tax attorney or accountant with questions about this requirement.
The affidavit and its supporting documents must be submitted to the county clerk where the land is located within nine months of the owner's death or it will revert back to the owner's estate and pass through probate.
After recording the affidavit, the beneficiary becomes the record owner of the interest in real property, subject to all conveyances, assignments, contracts, mortgages, liens and security pledges the record owner made during his/her lifetime.
(Oklahoma TOD Affidavit Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Cherokee County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Cherokee County Transfer on Death Affidavit of Acceptance form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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July 6th, 2019
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February 25th, 2023
I think it needs to be easier to enlarge print to fit an 8"x12" sheet of paper. Printing off samples is difficult to read as it is too small
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July 18th, 2022
Very satisfied with service and form. Completed form, printed, and submitted to county for processing. Everything went well.
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July 28th, 2021
Very Very helpful easy to navigate the guides and examples were great and informative. Great to have will be using for future transactions.
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July 10th, 2020
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