OK HB3676

Transfer-on-death deeds recorded on or after November 1, 2026 must include a grantor attestation stating each beneficiary's name, last known mailing address, and confirmation that the grantor notified beneficiaries of the 9-month acceptance deadline

Beneficiaries who fail to record the required affidavit and death certificate within 9 months of the owner's death lose their interest, which reverts to the deceased owner's estate for distribution under a will (if executed contemporaneously with or after the deed) or intestate succession

Courts must allocate attorney fees, court costs, title expenses, and administrative costs caused by a beneficiary's nonacceptance first from the lapsed interest, then from any other estate distribution that beneficiary would otherwise receive

A court may modify cost allocation only upon clear and convincing evidence that the beneficiary's failure to timely accept resulted from legal incapacity, lack of actual notice, or circumstances beyond reasonable control—not strategic delay or intent to force probate

Transfer-on-death deeds must include a list informing beneficiaries of the three requirements to avoid probate: recording a beneficiary affidavit, attaching the owner's death certificate, and filing within 9 months in the county where the property is located