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State rules · Oklahoma

Oklahoma: estate, probate and Medicaid rules in one place

What applies in Oklahoma, collected from the site’s state datasets: estate and inheritance tax, transfer-on-death deeds, small-estate procedure, Medicaid long-term-care rules, and state income tax on retirement income. Where the dataset holds a source, the entry links it with its effective marker and check date; where it does not, the entry shows its verification status and the reason.

Quick answers

Does Oklahoma have a state estate tax?

State estate tax: No. The pinned estate-tax dataset (2026.v2) has no row for Oklahoma, so it cites no state statute; the state page records no state estate or inheritance tax.

Does Oklahoma have an inheritance tax?

Inheritance tax: No. The pinned estate-tax dataset (2026.v2) has no row for Oklahoma, so it cites no state statute; the state page records no state estate or inheritance tax.

Can you use a transfer-on-death deed in Oklahoma?

Transfer-on-death deed for real estate: Available — Transfer-on-death deed. Okla. Stat. tit. 58, §§ 1251–1258 (Nontestamentary Transfer of Property Act) — verify the current section on the Oklahoma State Courts Network

What is the Medicaid look-back period in Oklahoma?

Look-back period: 60 months for transfers made on or after February 8, 2006 (Oklahoma Administrative Code 317:35-9-67; Revised September 14, 2018).

Does Oklahoma tax Social Security benefits?

Social Security benefits: pending. Primary-source classification has not yet been completed for this income type.

State estate tax

Estate-tax dataset 2026.v2

State estate tax
NoNo dataset row

The pinned estate-tax dataset (2026.v2) has no row for Oklahoma, so it cites no state statute; the state page records no state estate or inheritance tax.

· Checked July 20, 2026

Inheritance tax

Estate-tax dataset 2026.v2

Inheritance tax
NoNo dataset row

The pinned estate-tax dataset (2026.v2) has no row for Oklahoma, so it cites no state statute; the state page records no state estate or inheritance tax.

· Checked July 20, 2026

Transfer-on-death deed

Transfer-on-death deed for real estate
Available — Transfer-on-death deedNot primary-verified

Okla. Stat. tit. 58, §§ 1251–1258 (Nontestamentary Transfer of Property Act) — verify the current section on the Oklahoma State Courts Network

· Checked July 26, 2026

Controlling statute
Not primary-verified

Okla. Stat. tit. 58, §§ 1251–1258 (Nontestamentary Transfer of Property Act) — verify the current section on the Oklahoma State Courts Network

· Checked July 26, 2026

Small-estate procedure

Current rule
$50,000 personal property, debts, or securities; affidavit after 10 daysVerified

Source: Okla. Stat. tit. 58 § 393 · Effective: current · Checked August 23, 2026

Medicaid long-term-care eligibility

Medicaid dataset 2026.v16

Institutional and waiver income limit
$2,982 per monthVerified
  • Applies to: individual applicant.

Source: Oklahoma DHS Appendix C-1, Schedule VIII and XI · Effective: Effective July 1, 2026 · Checked September 5, 2026

Individual resource limit
$2,000Verified
  • Applies to: individual applicant.

Source: Oklahoma DHS Appendix C-1, Schedule VIII and XI · Effective: Effective July 1, 2026 · Checked September 5, 2026

Applicant-and-spouse resource limit
$3,000Verified
  • Applies to: individual and spouse under Schedule VIII.D.

Source: Oklahoma DHS Appendix C-1, Schedule VIII and XI · Effective: Effective July 1, 2026 · Checked September 5, 2026

Community-spouse resource allowance
$32,532 minimum to $162,660 maximumVerified
  • Applies to: institutionalized applicant with a community spouse.

Source: Oklahoma DHS Appendix C-1, Schedule VIII and XI · Effective: Effective July 1, 2026 · Checked September 5, 2026

Minimum monthly maintenance-needs allowance
Not yet verified
  • Applies to: institutionalized applicant with a community spouse.

The reviewed primary material did not provide a current, effective-dated value or rule for this cell.

· Checked September 5, 2026 · Ask the state agency

Maximum monthly maintenance-needs allowance
$4,067 per monthVerified
  • Applies to: institutionalized applicant with a community spouse; Oklahoma prints a whole-dollar ceiling.

Source: Oklahoma DHS Appendix C-1, Schedule VIII and XI · Effective: Effective July 1, 2026 · Checked September 5, 2026

Home-equity limit
$752,000Verified
  • Applies to: applicant subject to Oklahoma's home-equity rule.

Source: Oklahoma DHS Appendix C-1, Schedule VIII and XI · Effective: Effective July 1, 2026 · Checked September 5, 2026

Medicaid look-back

Medicaid dataset 2026.v16

Look-back period
60 months for transfers made on or after February 8, 2006Verified

Source: Oklahoma Administrative Code 317:35-9-67 · Effective: Revised September 14, 2018 · Checked September 5, 2026

Transfer-penalty divisor
$251.07 per dayVerified

Source: Oklahoma DHS Appendix C-1, Schedule VIII and XI · Effective: Effective July 1, 2026 · Checked September 5, 2026

How the state administers the penalty
Aggregate uncompensated transfers and divide by the average monthly private-pay rate in Appendix C-1; include a partial-month penalty. The period begins on the later of the transfer month or the date the person is otherwise eligible for institutional-level services, cannot overlap another penalty, and does not stop once imposed.Verified

Source: Oklahoma Administrative Code 317:35-9-67 · Effective: Revised September 14, 2018 · Checked September 5, 2026

Medicaid estate recovery

Medicaid dataset 2026.v16

Recovery scope
Probate-estate recovery covers the real and personal property included in the member's estate under Title 58 and the listed services received at age 55 or older.Verified

Source: Oklahoma Administrative Code 317:35-19-4 · Effective: Revised July 1, 2010 · Checked September 5, 2026

Controlling authority
Oklahoma Administrative Code 317:35-19-4Verified

Source: Oklahoma Administrative Code 317:35-19-4 · Effective: Revised July 1, 2010 · Checked September 5, 2026

Exemptions and deferrals
Recovery after age 55 is delayed until the spouse's death and while a surviving child age 20 or younger or a disabled child of any age lives in the home; qualifying siblings and caregiver children receive lien protections.Verified

Source: Oklahoma Administrative Code 317:35-19-4 · Effective: Revised July 1, 2010 · Checked September 5, 2026

Hardship waiver
A waiver may be granted when enforcement would deprive the person of necessary medical care or deprive the person or financially dependent family of food, clothing, shelter, or other necessities.Verified

Source: Oklahoma Administrative Code 317:35-19-4 · Effective: Revised July 1, 2010 · Checked September 5, 2026

Lien practice
After notice and hearing, OHCA may file against real property when a nursing-facility resident cannot reasonably be expected to return home; a return home for more than 90 days dissolves the lien.Verified

Source: Oklahoma Administrative Code 317:35-19-4 · Effective: Revised July 1, 2010 · Checked September 5, 2026

State income tax on retirement income

Retirement-income tax dataset 2026.v4

Social Security benefits
Pending

Primary-source classification has not yet been completed for this income type.

Public pensions
Pending

Primary-source classification has not yet been completed for this income type.

Private pensions
Pending

Primary-source classification has not yet been completed for this income type.

IRA and 401(k) distributions
Pending

Primary-source classification has not yet been completed for this income type.

Military retirement pay
Pending

Primary-source classification has not yet been completed for this income type.

About this page

This page assembles entries from datasets the site already publishes; it adds no figure of its own. Entries marked “Not yet verified” or “Pending” have no primary-source value in the underlying dataset yet. Rules change, so confirm anything you plan to act on with the source, the state agency, or a licensed attorney.

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