[OK] What is an Attorney General’s affidavit for a transfer-on-death deed and when is it required?

Lexi, Chatbot

I understand that legal documents can be confusing, especially when it comes to matters of death and estate. Can you please share what specific situation or context you are dealing with regarding the Death Deed?

Lexi, Chatbot

Have you already consulted with any legal professionals about this matter, or is this your first inquiry?

TJ, Esq.

Hello! My name is TJ and I’m an attorney. Thanks so much for the opportunity to assist you! I understand how important your legal question is, and I’m giving it my full attention. I’ll share my initial thoughts shortly, and I may also ask for a few additional details. That information will help me understand your situation more clearly so I can offer a more complete and helpful answer.

VERY IMPORTANT INFORMATION:

This is general legal info only. Unfortunately, I can’t represent you or form an attorney-client relationship. This also means there is no attorney-client privilege or confidentiality.

A couple of quick questions to give you better guidance:

What state are you in, and are you in the process of creating a death deed right now, or dealing with one that's already been prepared?

TJ, Esq.

Transfer on Death Deed (TOD)

A death deed (also called a transfer on death deed or TOD deed) is a legal document that lets you transfer property to someone after you die without going through probate. It works kind of like a beneficiary designation on a bank account. (58 OK Stat § 1252)

Attorney General's Affidavit

An Attorney General's Affidavit is a sworn statement that confirms the deed was properly executed and notarized according to state law. When you file a death deed, many states require you to include this affidavit to verify that everything was done correctly - basically, it's proof that the document is legitimate and meets all the legal requirements. (16 OK Stat § 26)

• The affidavit is typically completed by a notary public or sometimes by the attorney who prepared the deed. It's part of what makes the death deed valid and enforceable when the deed is actually filed after your death.
• The person who completes this affidavit is typically either a notary public or an attorney. Since it's called an "Attorney General's Affidavit," it sounds like it needs to come from someone with legal authority to make that certification.

Here's how to get one. You have a few options:

1. First, you could work with an estate planning attorney or any attorney to prepare the death deed and get the affidavit completed at the same time. That's probably the cleanest way since the attorney handles both the document and the certification.
2. Second, you could prepare the death deed yourself (or use a template), have it notarized by a notary public, and then ask the notary if they can complete an Attorney General's Affidavit as well - though some notaries may not be comfortable doing this without attorney involvement.
3. Third, you could contact the county clerk's office where you'll be filing the deed and ask them what exactly they need and who can provide it. They deal with these filings regularly and can tell you exactly what form or certification they require. The county clerk's office is actually a great resource for this because they'll tell you the specific requirements for your county and might even have a form or template you should use. You can call them during business hours and ask specifically what Attorney General's Affidavit they need and who can complete it. (16 OK Stat § 15)