# Transfer on Death Deed
**URL:** https://www.mineralrightsforum.com/t/transfer-on-death-deed/66721
**Category:** Law & Legal
**Created:** [June 15, 2022, 3:51pm UTC](https://www.mineralrightsforum.com/t/transfer-on-death-deed/66721 "2022-06-15T15:51:39Z")
**Posts on this page:** 9
**Page:** 1
### Author:  [@graceful99](https://www.mineralrightsforum.com/u/graceful99)
#### Post date: [June 15, 2022, 3:51pm UTC](https://www.mineralrightsforum.com/t/transfer-on-death-deed/66721/1 "2022-06-15T15:51:39Z")
I have read previous posts regarding this subject. I am still unsure as to what I should do. I live in Texas and have mineral rights in Oklahoma. Should I use Oklahoma forms for transfer? I imagine it would be filed in Oklahoma. What about transferring this to a minor; is that possible?
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### Author:  [@TODD\_M\_Baker](https://www.mineralrightsforum.com/u/TODD_M_Baker)
#### Post date: [June 15, 2022, 6:32pm UTC](https://www.mineralrightsforum.com/t/transfer-on-death-deed/66721/2 "2022-06-15T18:32:56Z")
This is not legal advice, but you should use Oklahoma forms if the minerals are in Oklahoma. And yes, you can convey to a minor. You need to name a Custodian (can be anyone) and show the transfer as a Uniform Gift to Minors Act. A good lawyer can help you get what you need to accomplish your wishes.
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [June 15, 2022, 6:39pm UTC](https://www.mineralrightsforum.com/t/transfer-on-death-deed/66721/3 "2022-06-15T18:39:24Z")
You would use the Oklahoma transfer on death deed. It would be filed in the County where the minerals are located. These can be tricky, for instance:
- The Oklahoma statute does not provide for contingent beneficiaries.
- If two or more beneficiaries are listed and predecease the owner, the remainder beneficiary or beneficiaries receive the deceased beneficiary’s share.
- The beneficiary must file an acceptance affidavit along with an official death certificate within 9 months of death, otherwise the property reverts to the decedent’s estate.
- If a Will conflicts with the TOD, then the TOD prevails.
- A few other tidbits to consider.
If an individual has a trust, it is usually better to use that vehicle as it avoids many of the problems outlined above.
_This post is not legal, investment or tax advice, it is for discussion purposes only. Reading or responding to this post does not create an attorney-client relationship._
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### Author:  [@graceful99](https://www.mineralrightsforum.com/u/graceful99)
#### Post date: [June 15, 2022, 9:09pm UTC](https://www.mineralrightsforum.com/t/transfer-on-death-deed/66721/4 "2022-06-15T21:09:22Z")
I appreciate you guys responding! Thank you!
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### Author:  [@nosk](https://www.mineralrightsforum.com/u/nosk)
#### Post date: [June 21, 2022, 12:26am UTC](https://www.mineralrightsforum.com/t/transfer-on-death-deed/66721/5 "2022-06-21T00:26:23Z")
What type of interest is being transferred will govern the instrument utilized. Intentionally transferring interest to a minor is a very stupid idea and generally implies fraud!
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### Author:  [@graceful99](https://www.mineralrightsforum.com/u/graceful99)
#### Post date: [June 21, 2022, 4:21am UTC](https://www.mineralrightsforum.com/t/transfer-on-death-deed/66721/6 "2022-06-21T04:21:23Z")
Fraud? How can it imply fraud?
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [June 22, 2022, 8:09pm UTC](https://www.mineralrightsforum.com/t/transfer-on-death-deed/66721/7 "2022-06-22T20:09:44Z")
A minor can own real estate. For example, a parent dies while the child is a minor and thus inherits. This is basically what happens with a transfer on death deed. If the child is a minor, he/she can still be a beneficiary of a TODD. I don’t see how this could be fraud. However, there are legitimate concerns about whether the child can timely file an acceptance of the TODD within 9 months after death or to be able to manage the property. That is why a trust or mineral trust might be a better solution because an adult trustee can hold/manage the property for the child until the kid hits a mature age. In my book that is usually 25.
_This post is not legal, investment or tax advice, it is for discussion purposes only. Reading or responding to this post does not create an attorney-client relationship._
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### Author:  [@nosk](https://www.mineralrightsforum.com/u/nosk)
#### Post date: [August 1, 2022, 3:39am UTC](https://www.mineralrightsforum.com/t/transfer-on-death-deed/66721/8 "2022-08-01T03:39:51Z")
You are correct, but the original question did not mention any death or probate, only a transfer. And most that I have encountered without the inclusion of a Trust, Guardianship and/or Conservatorship and not associated with death or some form of legal proceedings requiring distribution did not give the appearance of marketable title.
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### Author:  [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [September 13, 2022, 3:51pm UTC](https://www.mineralrightsforum.com/t/transfer-on-death-deed/66721/9 "2022-09-13T15:51:51Z")
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