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)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Affidavit of Surviving Joint Tenant

Provide documentation required by a title company to clear title
Facilitate the removal of a decedent's name from a deed
Clarify property ownership after a co-owner passes away
Provide evidence of heirship for a property transfer
Provide proof of death to a title company or lender
Document the death of a property owner for public record
Document survivorship rights for jointly held property

Compare other Oklahoma deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Mortgage and Promissory Note Full Release and Discharge of Mortgage Contract for Deed Memorandum of Contract for Deed Full Release of Memorandum of Contract for Deed Transfer on Death Deed Transfer on Death Revocation Transfer on Death Affidavit of Acceptance Trustee Deed Personal Representative Deed Power of Sale Personal Representative Deed of Distribution Personal Representative Deed of Sale Preliminary Notice Claim of Mechanics Lien Affidavit of Cancellation of Lien Notice of Bond to Discharge Lien Release of Mechanic Lien Request for Waiver of Lien Mechanics Lien Waiver Request for List Disclaimer of Interest Memorandum of Trust Lis Pendens - Notice of Pending Suit Mineral Deed Mineral Deed with Quitclaim Covenants

Important: County-Specific Forms

Our affidavit of surviving joint tenant forms are specifically formatted for each county in Oklahoma.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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