Okla. Stat. tit. 58, § 58-1255
This is the official text of Okla. Stat. tit. 58, § 58-1255, part of Oklahoma’s Stat. tit. 58, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 58,." Browse the sections below, each linked to its official government source.
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Grantee interest subject to encumbrances - Non-consensual
Official statutory text
lien - Lapse of transfer.
A. Grantee beneficiaries of a transfer-on-death deed take the
interest of the record owner in the real estate at the death of the
grantor owner, free and clear of any claims or interest under
Section 44 of Title 84 of the Oklahoma Statutes as to a person who
became the spouse of the grantor subsequent to the execution of the
transfer-on-death deed, subject to all recorded conveyances,
assignments, contracts, mortgages, liens and security pledges made
by the record owner or to which the record owner was subject during
the lifetime of the record owner including, but not limited to, any
Oklahoma Statutes - Title 58. Probate Procedure Page 161
recorded executory contract of sale, option to purchase, lease,
license, easement, mortgage, deed of trust or lien, and to any
interest conveyed by the record owner that is less than all of the
record owner's interest in the property, provided however, a non-
consensual lien against the grantee beneficiary shall not attach to
the property until the recording of the affidavit described in
Section 1252 of this title.
B. If one or more of the grantee beneficiaries dies prior to
the death of the grantor owner, the transfer to those beneficiaries
who predecease the grantor owner shall lapse. In the event the
grantee beneficiaries are designated in the deed to be joint tenants
with right of survivorship, the death of one or more of the grantee
beneficiaries prior to the death of the grantor owner shall not
invalidate an otherwise validly created joint tenancy estate as to
those grantee beneficiaries who are living at the time of the death
of the grantor owner.
A. Grantee beneficiaries of a transfer-on-death deed take the
interest of the record owner in the real estate at the death of the
grantor owner, free and clear of any claims or interest under
Section 44 of Title 84 of the Oklahoma Statutes as to a person who
became the spouse of the grantor subsequent to the execution of the
transfer-on-death deed, subject to all recorded conveyances,
assignments, contracts, mortgages, liens and security pledges made
by the record owner or to which the record owner was subject during
the lifetime of the record owner including, but not limited to, any
Oklahoma Statutes - Title 58. Probate Procedure Page 161
recorded executory contract of sale, option to purchase, lease,
license, easement, mortgage, deed of trust or lien, and to any
interest conveyed by the record owner that is less than all of the
record owner's interest in the property, provided however, a non-
consensual lien against the grantee beneficiary shall not attach to
the property until the recording of the affidavit described in
Section 1252 of this title.
B. If one or more of the grantee beneficiaries dies prior to
the death of the grantor owner, the transfer to those beneficiaries
who predecease the grantor owner shall lapse. In the event the
grantee beneficiaries are designated in the deed to be joint tenants
with right of survivorship, the death of one or more of the grantee
beneficiaries prior to the death of the grantor owner shall not
invalidate an otherwise validly created joint tenancy estate as to
those grantee beneficiaries who are living at the time of the death
of the grantor owner.
Status: in_force · Read it on the official government site
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