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.

Unlike standard deeds, which convey an irrevocable interest in real property, transfer on death deeds may be changed or cancelled, provided that any modifications to the recorded TODD are filed, during the owner's life, for recording with the same office that accepted the TODD. The Oklahoma Statutes do not provide a specific form for this purpose, but they define the requirements for lawful revocation at 58-1254.

Basically, there are two ways to revoke a transfer on death deed in Oklahoma. The owner can execute and record a new TODD, conveying the potential future interest to someone else, effectively cancelling the earlier transfer (58-1254(B)). The other method involves executing and recording an instrument of revocation (58-1254(A)). Just as with TODDs, this instrument must be recorded during the owner's life. Revocation instruments are useful because they serve as a clear statement of the transferor's intent. TODDs may not be revoked by a will (58-1254(C)).

(Oklahoma TOD Revocation Package includes form, guidelines, and completed example)

Back to Oklahoma