Affidavit of Surviving Joint Tenant (Termination of Joint Tenancy) - Oklahoma

Prepared By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Legal Description Index (19 O.S. § 287, 291):
Addition: _________________ Block: _______ Lot: _______
Section: _______ Township: _______ Range: _______

SPACE ABOVE THIS LINE FOR COUNTY CLERK'S USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

STATE OF OKLAHOMA
COUNTY OF _________________

KNOW ALL PERSONS BY THESE PRESENTS:

ARTICLE I: AFFIANT IDENTIFICATION

The undersigned, _________________________ ("Affiant"), of lawful age, being first duly sworn upon oath, deposes and states upon personal knowledge as follows:

1. Affiant is competent to make this Affidavit and has personal knowledge of the facts stated herein. This Affidavit is made under 58 O.S. § 912 to evidence the termination of the interest of a deceased joint tenant in the real property described below.

2. Affiant is:

☐ The surviving joint tenant;
☐ The duly appointed personal representative of the surviving joint tenant (letters attached);
☐ The duly appointed attorney in fact of the surviving joint tenant (power of attorney attached).

3. Affiant's mailing address is: _____________________________________________
_____________________________________________

ARTICLE II: SWORN RECITALS

Recital (a) — The Decedent

4. _________________________ ("Decedent") died on [__/__/____] at _________________________ (city/county), _________________ (state). A certified copy of the Decedent's certificate of death, issued as prescribed in 63 O.S. § 1-301 et seq. (or by the State Department of Health or comparable agency of the place of death), is attached and filed herewith.

Recital (b) — The Vesting (Joint Tenancy) Deed

5. Title to the real property described herein was conveyed and vested by a deed (or other instrument) which created or purported to create a joint tenancy with right of survivorship under 60 O.S. § 74, dated [__/__/____] and recorded on [__/__/____] in the office of the County Clerk of _________________ County, Oklahoma, in Book _______, Page _______.

By that instrument, the property was conveyed to _________________________ and _________________________, as joint tenants with full rights of survivorship, and not as tenants in common.

Recital (c) — Identity of Decedent / Marital Relationship

6. The Decedent named in the attached certificate of death is one and the same person as the deceased joint tenant named in the previously recorded instrument identified in Recital (b).

7. As to the relationship of the survivor and the Decedent:

☐ The survivor on whose behalf this Affidavit is made and the Decedent were husband and wife (and were the only two joint tenants).
☐ The survivor and the Decedent were not husband and wife / the property was held in joint tenancy by more than two persons (see Recital (f) regarding any required Oklahoma Tax Commission estate-tax-lien waiver).

Recital (d) — The Real Property

8. The real property affected by this Affidavit is situated in _________________ County, State of Oklahoma, and is more particularly described in Exhibit A attached hereto and incorporated herein by reference.

Indexing Information (19 O.S. § 287, 291):

• Addition/Subdivision: _____________________________________________
• Block: _______ Lot(s): _______
• Section: _______ Township: _______ Range: _______

Property Address: _____________________________________________

Recital (e) — Termination of Decedent's Interest / Vesting in Survivor

9. Upon the death of the Decedent, by operation of the right of survivorship under 60 O.S. § 74, the interest of the Decedent in the real property terminated and title vested in the surviving joint tenant(s), free of any interest of the Decedent, the Decedent's heirs, devisees, or estate. Pursuant to 58 O.S. § 912(D), the filing of this Affidavit and the certified death certificate constitutes conclusive evidence of the death of the joint tenant and of the termination of the Decedent's interest, and the title shall be deemed marketable unless otherwise defective.

Recital (f) — Estate Tax Lien / Oklahoma Tax Commission Waiver

10. With respect to the Oklahoma estate tax lien (58 O.S. § 912(C)(3)):

☐ Not required (spousal): The property was held in joint tenancy by only two persons who were husband and wife; no Oklahoma Tax Commission waiver or release is required.

☐ Not required (post-2010 death): The Decedent died on or after January 1, 2010; no release of estate tax liability is necessary, the Oklahoma estate tax having been repealed.

☐ Required and attached: The property was held in joint tenancy other than by two persons who were husband and wife, and the Decedent died before January 1, 2010; a waiver or release of the estate tax lien issued by the Oklahoma Tax Commission as to the Decedent is filed herewith.

11. There are no unpaid liens, judgments, or encumbrances against the property created by, through, or under the Decedent that survive the Decedent's death and remain Affiant's responsibility, except as follows:
_____________________________________________

Recital (g) — Statutory Basis and Request to Record

12. This Affidavit is made and filed pursuant to 58 O.S. § 912 and 60 O.S. § 74. Affiant requests that the County Clerk receive, record, and index this Affidavit, together with the attached certified copy of the certificate of death (and any required Oklahoma Tax Commission waiver and authority documents), in the land records of _________________ County, Oklahoma. Per 58 O.S. § 912(C)(2), an affidavit properly sworn before a notarial officer shall be received for record and recorded by the county clerk without separate acknowledgment and, when recorded, shall be effective as if acknowledged.

ARTICLE III: VERIFICATION AND JURAT

FURTHER AFFIANT SAYETH NAUGHT.

Affiant states under penalty of perjury under the laws of the State of Oklahoma that the foregoing is true and correct.

_____________________________________________
Signature of Affiant

_____________________________________________
Printed Name of Affiant

Date: _____________________________________________

JURAT

STATE OF OKLAHOMA
COUNTY OF _________________

Subscribed and sworn to before me on this _____ day of _________________, 20_____, by _________________________, to me known (or proved to me on the basis of satisfactory evidence) to be the person who executed the foregoing Affidavit.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

My Commission Number: _____________________________________________

[NOTARIAL SEAL]

EXHIBIT A — LEGAL DESCRIPTION

Legal Description of Property:

Situated in _________________ County, State of Oklahoma:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Indexing Information:

• Addition/Subdivision: _____________________________________________
• Block: _______ Lot(s): _______
• Section: _______ Township: _______ Range: _______

ATTACHMENTS

☐ Certified copy of the certificate of death of the Decedent (58 O.S. § 912(C)(1)) — required and filed herewith.
☐ Letters of administration / letters testamentary / letters of guardianship (if Affiant is personal representative).
☐ Power of attorney (if Affiant is attorney in fact).
☐ Oklahoma Tax Commission estate-tax-lien waiver/release (only if Recital (f) "Required and attached" is checked).

OKLAHOMA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees

Important Oklahoma Notes

1. Survivorship Must Be Express: This affidavit clears title only where the vesting instrument created a joint tenancy with right of survivorship under 60 O.S. § 74. A tenancy in common does not pass by survivorship.

2. Conclusive Evidence: Filing the affidavit and certified death certificate is conclusive evidence of the death and termination of the decedent's interest, and title is deemed marketable unless otherwise defective (58 O.S. § 912(D)).

3. Representative / Attorney in Fact: If the affidavit is filed by a personal representative or attorney in fact, the supporting letters or power of attorney must accompany and be filed with the affidavit (58 O.S. § 912(C)(2)).

4. No Documentary Stamp Tax: Confirmation of a survivorship transfer is not a sale and is not subject to documentary stamp tax (68 O.S. § 3202).

5. Title Insurance / Legal Counsel: Surviving owners should consider title examination and consult a licensed Oklahoma attorney.

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
Oklahoma Bar Number (if attorney)

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Oklahoma attorney before using this form.