Title to real property held in Joint Tenancy passes to the Surviving Joint Tenant upon the death of one.
Although the passing of title to the real property to the survivor is automatic and occurs immediately upon the death of one, the death must be shown of record in order to make the survivor the record owner of the fee simple title.
In Oklahoma, when property is held in joint tenancy, the fact of the death of one of the tenants, and the fact that the joint tenancy has terminated, may be accomplished by the surviving joint tenant filing an Affidavit in the Office of the County Clerk of the County where the real property is located.
Such an Affidavit may be filed by:
- The Surviving Joint Tenant; or
- The Personal Representative of the Surviving Joint Tenant; or
- Duly Appointed attorney in fact of the surviving joint tenant.
If the joint tenants were husband and wife on the date of the death of the deceased joint tenant, then the filing of the Affidavit with a certified copy of the death certificate is all that would be necessary.
If the joint tenants were not husband and wife, then a Release of Tax Lien from the Oklahoma Tax Commission will also have to be recorded with the Affidavit and Death Certificate.