Easily Remove a Deceased Co-Owner from Property Records

When a property is held in joint tenancy with right of survivorship, the surviving owner automatically becomes the sole property owner when a co-owner passes away. However, to formally update the land records in Oklahoma, you must file an Affidavit of Surviving Joint Tenant with the County Clerk’s office. This simple legal document removes the deceased co-owner’s name from the property title, ensuring a clear, marketable title for future sales, refinancing, or ownership records.

We’re offering this affidavit as a free, downloadable template to help Oklahoma property owners navigate this necessary process without hassle.

What is an Affidavit of Surviving Joint Tenant?

An Affidavit of Surviving Joint Tenant is a sworn legal statement confirming that a joint property owner has died and that the surviving owner is now the sole titleholder. This affidavit serves as an official notice to the county land records that the decedent’s interest in the property has ended, preventing future title complications.

In Oklahoma, joint tenancy with right of survivorship allows co-owners (such as spouses, family members, or business partners) to bypass probate when one owner dies. However, until the affidavit is filed and recorded, the property title may still list the deceased co-owner, potentially leading to legal or financial complications.

Why is Filing This Affidavit Important?

✔️ Updates Public Records – Ensures county land records reflect accurate ownership. ✔️ Prevents Future Title Issues – Avoids complications when selling or refinancing the property. ✔️ Avoids Probate for the Property – Since joint tenancy transfers automatically by law, this affidavit finalizes the process without court involvement. ✔️ Meets Oklahoma Legal Requirements – Complies with Title 58, Section 912 of the Oklahoma Statutes.

Who Should Use This Affidavit?

This affidavit is essential for any surviving joint tenant in Oklahoma, including:

Surviving spouses who held property jointly with their deceased spouse.
Siblings, business partners, or other co-owners who shared joint tenancy.
Personal representatives or estate administrators handling property for an incapacitated surviving owner.
Title companies and lenders needing clear documentation for real estate transactions.

How to Use the Free Affidavit of Surviving Joint Tenant

Step 1: Obtain a Certified Death Certificate

A certified copy of the deceased co-owner’s death certificate is required for filing. In Oklahoma, certified death certificates can be obtained from the Oklahoma State Department of Health’s Vital Records Division.

Step 2: Complete the Affidavit

Download our free affidavit template and fill in the required information, including:

The name of the deceased joint tenant.
The legal description of the property (found on the original deed).
The date of the original joint tenancy deed and its recording details (book and page number from the County Clerk’s records).
A statement confirming that the surviving joint tenant is now the sole property owner.
A declaration that a certified death certificate is attached.

Step 3: Notarize the Affidavit

The affidavit must be signed in front of a Notary Public. Oklahoma law requires the affidavit to be properly sworn and notarized before it can be recorded.

Step 4: File with the County Clerk’s Office

Take the completed, notarized affidavit and the certified death certificate to the County Clerk’s office in the county where the property is located. The document will be recorded and become part of the public land records. Filing fees vary by county (typically around $13 for the first page and $2 for additional pages).

Step 5: Keep a Copy for Your Records

Once recorded, obtain a certified copy of the affidavit for your personal records and for use in any future real estate transactions.

Common Questions About the Affidavit of Surviving Joint Tenant

Does This Affidavit Transfer Property to a New Owner?

No. This document does not create a new property transfer—it simply confirms that the surviving joint tenant now owns the property solely, by operation of law.

Do I Need an Attorney to File This Affidavit?

While an attorney is not required, consulting one may be helpful if there are title disputes, estate tax concerns, or uncertainties about joint tenancy status. Our free form is designed to be simple and easy to use for most Oklahoma property owners.

What Happens If I Don’t File the Affidavit?

If you fail to record this affidavit, the property’s title will still reflect the deceased owner’s name, potentially causing issues when selling, refinancing, or transferring the property in the future. In some cases, failure to record the affidavit may require a probate case or a quiet title action to correct the record later.

Is This Affidavit Used for Other Jointly Owned Assets?

No. This affidavit applies only to real estate. Other assets, such as joint bank accounts or vehicles, have separate processes for ownership transfer upon death.

IMPORTANT:

When you download this affidavit, you are receiving a Word document template that must be reviewed, completed, and customized to fit your specific needs. This document does not constitute legal services and does not create an attorney-client relationship. If you need legal assistance, you may book a consultation with attorney Ryan Jones using the link in the main menu.

🔹 Instant FREE Download – Get Your Legal Template Now! 🔹