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Our Office

  • Midwest City Office

    Address

    1384 South Douglas Boulevard
    The Timbers Office Park
    Midwest City, Oklahoma 73130

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The Crosthwait Law Firm A Professional Corporation locations:

Ratings & Reviews

  • lawyers
    5.0/5.0

    I highly recommend Aaron. He is helpful, kind, and knowledgeable. He helped make the divorce process as quick and as painless as possible. Appreciated his timely responses to my phone calls and emails. I would absolutely hire him again, and...
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    — Client

  • lawyers
    5.0/5.0

    We have had the opportunity to hire Aaron for the last 6 years. Aaron has worked with us on payments in the past. Never made us feel bad for asking sooo many questions, but is always happy to answer them. Very knowledgeable and responsive.

    — Client

  • lawyers
    5.0/5.0

    Aaron is sharp and quick to grasp the gravity of any situation. He is very responsive to client inquiries and requests. Aaron is an extremely organized person, which serves him, his law firm, and client well. He has the highest of ethica...
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    — Client

  • lawyers
    5.0/5.0

    What impressed me about Aaron, was that nothing was "sugar coated". He was very straight forward and told me what to expect each step of the way. He kept me informed of what the options were and the risks. Your knowledge of the law was inv...
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    — Client

  • lawyers
    5.0/5.0

    While no one wishes to find themselves in a divorce proceeding, Mr. Arnall is a knowledgeable and trustworthy attorney who can guide you through the process. I was impressed of his knowledge of the federal retirement and benefits program. I...
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    — Client

Changes Coming to Oklahoma’s Nontestamentary Transfer of Property Act (Transfer on Death Deeds)

Oklahoma probate law allows a person who owns an interest real estate to transfer the interest at the time of their death, without the need for probate. This is an excellent way for a person with a relatively small or simple estate to transfer a home, some land or even mineral interests to a friend or loved one, in the event of their death, in a quick and streamlined manner. According to the Nontestamentary Transfer of Property Act, an “interest in real estate” includes any estate or interest in, over or under land, including surface, minerals, structures and fixtures. (58 O.S. §§1251 through 1258)

In order to properly transfer property this way, let The Crosthwait Law Firm and their team of experienced estate planning attorneys prepare a Transfer on Death Deed in accordance with the Oklahoma law.  This Deed shall transfer ownership of the interest upon the death of the owner.

Once the Deed is prepared, it can be recorded with the office of the county clerk where the property is located. The signature, consent or agreement of, or notice to, the person or persons receiving the property by way of the Transfer on Death Deed is not during the lifetime of the record owner.

However, beginning November 1, 2011, in order to accept an interest in real estate pursuant to a Transfer on Death Deed, the person or persons receiving the property MUST execute an affidavit that provides date of the owner’s death, whether the owner and the person or persons receiving the property were married at the time of the owner’s death, and the legal description of the real estate.

In addition, a copy of the owner’s death certificate MUST be attached to the affidavit. This affidavit and attached copy of the death certificate must be recorded in the office of the county clerk where the property is located (the same county in which the Deed was previously recorded) within nine (9) months of the owner’s death. In the event the affidavit and death certificate is not recorded within the nine (9) month window, the interest in the property reverts back to the owner’s estate and a probate proceeding may be necessary.

Let the estate planning attorneys at The Crosthwait Law Firm, located in Midwest City, discuss how the Transfer on Death Deed can be a part of a larger, effective and more individualized estate plan.