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Affidavit of Surviving Joint Tenant Form - Lincoln County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/11/2021
Affidavit of Surviving Joint Tenant Guide - Lincoln County
Line by line guide explaining every blank on the form.
Included document last updated 3/16/2021
Completed Example of the Affidavit of Surviving Joint Tenant Document - Lincoln County
Example of a properly completed form for reference.
Included document last updated 3/3/2021
*The Following Oklahoma and Lincoln County supplemental forms are included as a courtesy with your order.
Affidavit - Documentary Stamp Tax
If purchase price or exemption number are not stated on the deed, this affidavit must be submitted to determine stamp tax or document exemption.
Documentary Stamp Tax Exemptions
This informational document excerpts relevant sections of the statutes and lists Oklahoma's transfer tax exemptions with explanations.
Documentary Stamp Tax Reference
This document answers any questions regarding Oklahoma Documentary Stamp Tax. It also contains a list of statutory exemptions (pp. 3-5).
Homestead Exemption
A homestead exemption is an exemption of $1,000 of the assessed valuation of the homestead property. Homestead exemption is granted to the homeowner who resides in the property on a permanent basis on January 1.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
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.
Get your Lincoln County Affidavit of Surviving Joint Tenant form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Lincoln County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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