Pottawatomie County Transfer on Death Deed Form (Oklahoma)

All Pottawatomie County specific forms and documents listed below are included in your immediate download package:

Oklahoma Transfer on Death Deed

Pottawatomie County Oklahoma Transfer on Death Deed

Fill in the blank form formatted to comply with all recording and content requirements.
Included Pottawatomie County compliant document last validated/updated 10/15/2024

Transfer on Death Deed Guide

Pottawatomie County Transfer on Death Deed Guide

Line by line guide explaining every blank on the form.
Included Pottawatomie County compliant document last validated/updated 8/22/2024

Completed Example of the Transfer on Death Deed Form

Pottawatomie County Completed Example of the Transfer on Death Deed Form

Example of a properly completed form for reference.
Included Pottawatomie County compliant document last validated/updated 7/24/2024

When using these Transfer on Death Deed forms, the subject real estate must be physically located in Pottawatomie County. The executed documents should then be recorded in the following office:

Pottawatomie County Clerk

325 North Broadway Ave, #307, Shawnee, Oklahoma 74801

Hours: Mon-Fri 8:30 a.m. to 5:00 p.m

Phone: (405) 273-3624

Local jurisdictions located in Pottawatomie County include:

  • Asher
  • Earlsboro
  • Macomb
  • Maud
  • Mcloud
  • Saint Louis
  • Shawnee
  • Tecumseh
  • Wanette

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 Pottawatomie 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 Pottawatomie County using our eRecording service.
Are these forms guaranteed to be recordable in Pottawatomie County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Pottawatomie County including margin requirements, content requirements, font and font size requirements.

Can the Transfer on Death Deed 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 Pottawatomie County that you need to transfer you would only need to order our forms once for all of your properties in Pottawatomie County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by Oklahoma or Pottawatomie 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 Pottawatomie County Transfer on Death Deed 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.

Owners who execute and record a TODD retain absolute control over and use of the property interest while living. In addition, they may modify, revoke, or otherwise convey the land any way they wish, without penalty or obligation to the beneficiaries. This is possible because unlike a traditional conveyance, there is no delivery requirement to notify the beneficiaries about what they might receive -- the deed only conveys a potential future interest in whatever remains after the owner's death ( 58-1252(B), 1257).

The statutes define an interest in real property to include "any estate or interest in, over or under land, including surface, minerals, structures and fixtures" ( 58-1252)(A)), meaning that the transfer is not limited to land, but can also include mineral rights and royalties.

Even though a TODD is not impacted by the owner's will, to reduce the likelihood of fraud and coercion, it demands the same standards of competence and capacity. Additionally, the document must be signed and acknowledged, in the presence of a notary, by the owner and two disinterested witnesses (individuals with no potential claims on the property rights) prior to recording ( 58-1253, 1258).

After the owner dies, each surviving beneficiary must execute and record an affidavit affirming his/her acceptance of the transfer ( 58-1252(C), (D)). The beneficiary takes the interest subject to all recorded obligations related to it.

NOTE: The transfer on death deed and any associated changes or revocations must be recorded, DURING THE OWNER'S LIFE, in the county where the property is located.

Overall, a transfer on death deed offers a convenient, flexible estate planning tool for owners of interests in Oklahoma real property. Each circumstance is unique, so consider all options carefully. For additional information or complex situations, contact a local attorney.

(Oklahoma TODD Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Pottawatomie 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 Pottawatomie County Transfer on Death Deed 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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