{"data":{"id":"us-ok/okla.-stat.-tit.-58-58-912","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 58, § 58-912","heading":"Termination of joint tenancy or life tenancy with","body":"remainder interest by affidavit.\n\nA. If title to any interest in real property is held by two or\n\nmore persons in joint tenancy with right of survivorship, including\n\nbut not limited to mortgages owned by two or more persons in joint\n\ntenancy with right of survivorship, any surviving joint tenant or\n\nthe personal representative or duly appointed attorney in fact of\n\nany surviving joint tenant, may evidence the termination of the\n\ninterest of a deceased joint tenant in such real property by filing\n\nthe documents described in subsection C of this section.\n\nB. If title to any real property is held by two or more persons\n\nwhere at least one of them holds a life tenancy interest in such\n\nproperty and at least one of them holds a remainder interest in such\n\nproperty, any surviving life tenant or remainderman, or the personal\n\nrepresentative or duly appointed attorney of any survivor of them\n\nmay evidence the termination of the interest of any deceased life\n\ntenant in such real property by filing the documents described in\n\nsubsection C of this section.\n\nC. A person entitled, by subsection A or B of this section, to\n\nevidence the termination of the interest of a decedent in real\n\nproperty pursuant to this section may do so by filing in the office\n\nof the county clerk of the county in which said real property is\n\nlocated, the following:\n\n1. A certified copy of the certificate of death of the joint\n\ntenant or life tenant issued by the court clerk as prescribed in\n\nArticle 3 of the Public Health Code, Section 1-301 et seq. of Title\n\n63 of the Oklahoma Statutes, or by the State Department of Health or\n\ncomparable agency of the place of the death of the joint tenant or\n\nlife tenant;\n\n2. An affidavit by the surviving joint tenant, life tenant or\n\nremainderman or the personal representative or duly appointed\n\nattorney in fact of the surviving joint tenant, life tenant or\n\nremainderman describing the real property, stating that the decedent\n\nnamed in such certificate of death is one and the same person as the\n\ndeceased joint tenant or life tenant named in a previously recorded\n\ndocument which created or purported to create such joint tenancy or\n\nlife tenancy in such real property and identifying such recorded\n\ndocument by book and page where recorded, that the survivor making\n\nor on whose behalf the affidavit is made and the decedent were\n\nhusband and wife, if such is the case, and the date of death of the\n\ndeceased joint tenant or life tenant. If the affidavit is filed by\n\na personal representative or duly appointed attorney in fact, the\n\nletters of administration, letters testamentary, letters of\n\nguardianship or the power of attorney shall accompany the affidavit\n\nand be filed with the county clerk. An affidavit properly sworn\n\nbefore a notarial officer shall, notwithstanding the provisions of\n\nSection 26 of Title 16 of the Oklahoma Statutes, be received for\n\nrecord and recorded by the county clerk without having been\n\nacknowledged and, when recorded, it shall be effective as if it had\n\nbeen acknowledged. An affidavit filed either before or after the\n\neffective date of this act which was either acknowledged or sworn or\n\nboth acknowledged and sworn before a notarial officer is hereby\n\nvalidated and the title to such real property shall be deemed\n\nmarketable unless otherwise defective; and\n\n3. If such real property is held in joint tenancy other than by\n\ntwo persons only who were husband and wife or other than by two\n\npersons only who were husband and wife with one as the life tenant\n\nand the other as the remainderman, a waiver or release issued by the\n\nOklahoma Tax Commission of the estate tax lien as to the deceased\n\njoint tenant or life tenant must be filed with the affidavit\n\nrequired by paragraph 2 of this subsection, unless the estate tax\n\nlien has otherwise been released by operation of law. For deaths\n\nife tenant\n\nand the other as the remainderman, a waiver or release issued by the\n\nOklahoma Tax Commission of the estate tax lien as to the deceased\n\njoint tenant or life tenant must be filed with the affidavit\n\nrequired by paragraph 2 of this subsection, unless the estate tax\n\nlien has otherwise been released by operation of law. For deaths\n\noccurring on or after January 1, 2010, no release of estate tax\n\nliability is necessary pursuant to Section 5 of this act.\n\nD. The filing of the documents described in subsection C of\n\nthis section shall constitute conclusive evidence of the death of\n\nsuch joint tenant or life tenant and of the termination of the\n\ninterest of such deceased joint tenant or life tenant in such real\n\nproperty. The title of such real property shall be deemed\n\nmarketable unless otherwise defective.","path":["OK Code","Title 58"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os58.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"6782479e3950c293097d662763c9ccc0a28343736900b5cb53e39a2593000fa4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-58-58-911","next":"us-ok/okla.-stat.-tit.-58-58-912.1"},"notice":"GroundRules: Original legal text. Not legal advice."}