#2 Way to Avoid Oklahoma Probate after death – life estate or joint tenancy

#2 Way to avoid Oklahoma probate after death: Joint Tenancy or Life Estate

This is the second article in the series 6 Ways to Avoid Oklahoma Probate after Death.  In Oklahoma, if you hold real property in joint tenancy with any person, the law allows you to change the title on the property after that person has died, without going into probate.

Following the steps laid out in 58 O.S. 2001 § 912, the surviving interest holder may file an affidavit which establishes for legal purposes a record the death of the deceased joint tenant. The document that is typically filed is the “Affidavit of Surviving Joint Tentant.”  You can see a copy of the Affidavit here.

The Affidavit of Surviving Joint is filed with the county clerk and is signed by the either (1) surviving joint tenant, (2) life tenant, (3) remainderman, or the personal representative. You also attach a certified copy of the death certificate to establish that the person has died.


I provide probate and estate planning services in Edmond, Oklahoma City and the Metro area.  If you want to discuss this article or anything about probate or transfer of assets of please feel free to email me at sjr@shawnjroberts.com.

Posted by Shawn Roberts

On this blog, I write about and try to answer practical Oklahoma legal questions. My focus and most experience is in estate planning and business issues including Oklahoma non-compete law. I make a living as an attorney in the law firm I founded, Shawn J. Roberts, P.C. in Oklahoma City. I live in Edmond with my wife Amy and my two children, Sam (19) and David (11). We live precisely in the path of where the "wind comes sweeping down the plains."

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