Detailed Answer
Under Oklahoma law, whether a vehicle must be treated as estate property depends on whether the decedent held any legal interest at the time of death. “Estate property” generally includes all real and personal property owned solely by the decedent when they died. See 58 O.S. § 102. Motor vehicles are classified as personal property under Oklahoma law.
1. Valid Inter Vivos Gift or Sale Before Death
If the decedent completed a valid gift or sale of the vehicle while alive, it is not part of the probate estate. A valid inter vivos gift requires three elements: donative intent, delivery (transfer of the title certificate), and acceptance by the donee. See 47 O.S. § 111 (certificates of title).
2. Joint Ownership with Right of Survivorship
If the decedent held title jointly with another person with right of survivorship, the surviving joint owner automatically owns the vehicle outside probate. Oklahoma recognizes joint tenancy on vehicle titles. See 47 O.S. § 205.
3. Transfer‐on‐Death Designation
Oklahoma does not provide a transfer‐on‐death (TOD) registration for motor vehicles. All title changes occur by filing an application with the Oklahoma Tax Commission. Without a valid inter vivos gift or joint tenancy, the vehicle remains part of the decedent’s estate.
4. Small Estate Affidavit
If the total value of the decedent’s personal property in Oklahoma, including the vehicle, is under $50,000, heirs may transfer title without formal probate by using an affidavit of small estate. See 58 O.S. § 211.
Summary: If the decedent retained legal title at death—no valid inter vivos gift, no joint tenancy—the vehicle is estate property and requires probate administration or a small estate affidavit to transfer. If title passed by a valid gift or survivorship, it falls outside the estate.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Always verify the date title was signed over to determine if the gift was complete before death.
- Check the vehicle title for joint owner names and survivorship language.
- Use 47 O.S. § 111 to confirm title transfer requirements.
- Review 58 O.S. § 211 for small estate affidavits if the estate is under $50,000.
- Consult an attorney if there’s any dispute over whether the gift was validly completed.