Andalusia, AL asked in Estate Planning for Oklahoma

Q: Joint Tenancy Warranty Deed

I am a party to a Joint Tenancy Warranty Deed wherein after the last parent passes the land becomes property of the two sisters. What document in Oklahoma do I need to file to show the last parent passed?

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2 Lawyer Answers

Tyler R. Barrett

  • Estate Planning Lawyer
  • Norman, OK
  • Licensed in Oklahoma

A: In order to be completely confident, I would need to examine the deed. Generally speaking, however, there are two methods for terminating a joint tenancy in Oklahoma. First, the surviving joint tenant(s) can petition the district court for an order terminating joint tenancy. Second, the surviving joint tenant(s) can file an affidavit in the county land records. For either option, I would recommend that you consult a knowledgeable attorney, as the the facts of your particular case may require different action.

Ben F Meek III agrees with this answer

Ben F Meek III

  • Estate Planning Lawyer
  • Oklahoma City, OK

A: I agree with Mr. Barrett. When one of several joint tenants (with right of survivorship) dies, the surviving joint tenants may record an Affidavit of Termination of Joint Tenancy with the County Clerk of any County in which exists real property belonging to the joint tenants. The affidavit requires an original or certified copy of the deceased joint tenant's death certificate (funeral homes usually provide these as part of their services, otherwise the state health department). The affidavit requires the surviving joint tenants to provide and swear to the truth of certain matters called for, such as decedent's date of death, names of the surviving joint tenants, and so forth. It would be a good idea to have an attorney prepare the document for you, as they will examine the deed to be sure that you are, in fact, joint tenants, and not tenants in common or co-tenants or determine that there are any other problems. Many offer free initial consultations. Good luck.

PS: My comments here are for general information and not advice about your particular circumstances or the applicability of any law. They are not an invitation to join in, nor intended to create, nor do they create an attorney-client-client relationship.

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