When a Joint Tenant Dies

If you own real property, (land or a building) with another person who has died, you can file a form to whoe that you are now the only owner.

This program can help you if the property is owned in joint tenancy, including a joint tenancy:

  • with right of survivorship
  • as tenants in common, or
  • with a life estate.

How This Program Works

We will ask you questions. And we will use your answers to fill out the court form you need to file, called Affidavit of Surviving Joint Tenant. (Affidavit for short)

This is a free and secure service provided by Legal Aid Services of Oklahoma and LawHelpInteractive.
LawHelpInteractive helps you create legal forms and documents.
Answer a series of questions and print your legal form. 

The forms are free and have been created by nonprofit legal aid programs and courts. They are for use by legal aid advocates, pro bono lawyers, and people representing themselves.

Important!  If the other owner died before January 1, 2010, and was not your spouse, you must also file a copy of the Oklahoma Estate Tax return with this form.
The Oklahoma Tax Commission website is:

Oklahoma Tax Commission should send you a tax release.
(You probably will not have to pay tax unless the other owner had lots of money and property.)

Take the tax release, the certified copy of the death certificate and your Affidavit to the County Clerk's Office where your property is located.

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Last Review and Update: Sep 14, 2013

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