Oklahoma Affidavit of Surviving Joint Tenant

In Oklahoma, the process for transferring the title to the surviving joint tenants is governed by 58 O.R.S. 912. This section of the state laws also includes the requirements for transferring property rights to the person holding a remainder interest in a life estate.

Joint tenancy with right of survivorship is an ownership interest where two or more people share an interest in property that transfers to the remaining owner(s) when one dies. The transfer happens without probate and the property may not be included in a will.

A life estate exists when someone has the rights to use property while alive, but may not sell the property or pass the rights to anyone after death. After the life tenant dies, the rights either revert to the owner of record or to someone else who is designated on the deed to receive the remainder (remainderman). As with joint tenants, the transfer of property interest generally proceeds with no need for probate distribution.

There is no statutory affidavit form to enact these transfers separately. Instead, the affidavits customarily address both circumstances. To initiate the change in ownership, the survivor, remainderman, or an appointed representative must complete and execute an affidavit identifying the parties, the land, the ownership terms, and information about the recorded deed. In addition, they must include a certified copy of the deceased owner's death certificate. Some situations also require a waiver or release of the estate tax. Contact an attorney or tax advisor for more information about tax obligations associated with the transfer.

When all the documents are in order, the living owner submits them for recording in the county where the land is located. This process is important because it preserves the marketable title of the real estate, which is essential if the owner plans to sell or mortgage the property.

(Oklahoma AOSJT Package includes form, guidelines, and completed example)