Oklahoma § 58-1255 - Grantee interest subject to encumbrances - Non-consensual

§ 58-1255. Grantee interest subject to encumbrances - Non-consensual

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

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 nonconsensual 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.

Added by Laws 2008, c. 78, § 5, eff. Nov. 1, 2008. Amended by Laws

2011, c. 372, § 3, eff. Nov. 1, 2011.