Oklahoma Deed (Including Acceptance of Community Property with Right of Survivorship)
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FAQ
In Oklahoma, there is, however, another situation where no court order is required: If the house is owned in joint tenancy between two or people, with a right of survivorship. This type of title is commonly found among married people.
The record owner must: TITLE: Title the property "Transfer-on-death" by making a new deed. NAME: Name the person to get the land, home or mineral interest when the record owner dies on the new deed. ... SIGN: Sign the deed before two witnesses and a notary.
FACT: A Last Will and Testament does not do anything to avoid a probate case when the property at issue is real property. A Will is the written expression of a person's desires for how their property will be passed on following the person's death. A Will cannot however change title to real property.
Upon the death of one spouse, the surviving spouse becomes the sole owner of the property based on being a joint tenant, with a right of survivorship. Even with joint tenancy, following the death of one of the joint tenants, there are several steps you need to take for the law to recognize that you are the sole owner.
If you own property in joint tenancy, then you don't need to do anything to take possession of the property after the other owner dies. The property automatically becomes yours. You don't have to go to probate court, or do anything else.
Q: May I dispose of my property as I wish with a will or a trust? A: Under Oklahoma law, a married person may not completely exclude the surviving spouse. Oklahoma law allows the spouse to elect to take a certain portion of the estate despite the will.
The key feature of this form of ownership is the right of survivorship. The last co-owner to die will hold title to the property in fee simple absolute individual ownership regardless of what the deceased co-owner's will provides and regardless of whether the surviving joint tenant is related to the deceased cotenant.
Under Oklahoma law, your spouse will receive the greater of the property left under the will or half the property acquired during the marriage. You can specify that your children inherit nothing. In your will, you must clearly specify that you are leaving nothing to a particular child or children.