Affidavit of Surviving Joint Tenant Oklahoma Form
If you and another person owned property in “joint tenancy” in Oklahoma, then, when the other owner dies, you automatically become the owner of the property immediately.
For more information on joint tenancy, read my prior blog posts on the subject:
Even though you automatically become the owner of the property when the other owner dies, you will need to record the transfer of ownership, with the county clerk in the county in which the property is located.
To record the transfer of property, fill out the “Oklahoma Affidavit of Surviving Joint Tenant” available here:
Affidavit of Surviving Joint Tenant (PDF)
Then take the affidavit, along with a copy of the deceased owner’s death certificate, down to the county clerk’s office in the county where the property is situated.
To obtain a copy of a person’s death certificate, go to the Oklahoma State Department of Health. If the person died while a resident of another state, contact that state’s government.
Before you fill out this form, be aware of the following:
This form, and the procedures in this webpage, will only work for the transfer of real property (i.e., homes or land). It will not transfer other types of property.
This form is only valid for property in Oklahoma. It will not work to transfer property in other states. To transfer property in another state, contact a real estate attorney licensed to practice law in the state where the property is located.
This form will only work to transfer property that is in joint tenancy, at the time of one owner’s death. To find out whether property is in joint tenancy, look at the deed transferring the property to you. If the words “joint tenancy” appear on the deed, the property is likely in joint tenancy.
This form will work only in certain circumstances, but not others. Also, even if this form will work for you, you may make a mistake in filling out the form. Any mistakes could cause problems with the ownership of the property. While I am making this form available for informational purposes, I strongly encourage you not to file the form without assistance from competent legal counsel.
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