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§58-912.
§58-912.
A. If title to any interest in real property is held by two or more
persons in joint tenancy with right of survivorship, including but not
limited to mortgages owned by two or more persons in joint tenancy
with right of survivorship, any surviving joint tenant or the personal
representative or duly appointed attorney in fact of any surviving
joint tenant, may evidence the termination of the interest of a
deceased joint tenant in such real property by filing the documents
described in subsection C of this section.
B. If title to any real property is held by two or more persons where
at least one of them holds a life tenancy interest in such property
and at least one of them holds a remainder interest in such property,
any surviving life tenant or remainderman, or the personal
representative or duly appointed attorney of any survivor of them may
evidence the termination of the interest of any deceased life tenant
in such real property by filing the documents described in subsection
C of this section.
C. A person entitled, by subsection A or B of this section, to
evidence the termination of the interest of a decedent in real
property pursuant to this section may do so by filing in the office of
the county clerk of the county in which said real property is located,
the following:
1. A certified copy of the certificate of death of the joint tenant or
life tenant issued by the court clerk as prescribed in Article 3 of
the Public Health Code, Section 1-301 et seq. of Title 63 of the
Oklahoma Statutes, or by the State Department of Health or comparable
agency of the place of the death of the joint tenant or life tenant;
2. An affidavit by the surviving joint tenant, life tenant or
remainderman or the personal representative or duly appointed attorney
in fact of the surviving joint tenant, life tenant or remainderman
describing the real property, stating that the decedent named in such
certificate of death is one and the same person as the deceased joint
tenant or life tenant named in a previously recorded document which
created or purported to create such joint tenancy or life tenancy in
such real property and identifying such recorded document by book and
page where recorded, that the survivor making or on whose behalf the
affidavit is made and the decedent were husband and wife, if such is
the case, and the date of death of the deceased joint tenant or life
tenant. If the affidavit is filed by a personal representative or duly
appointed attorney in fact, the letters of administration, letters
testamentary, letters of guardianship or the power of attorney shall
accompany the affidavit and be filed with the county clerk. An
affidavit properly sworn before a notarial officer shall,
notwithstanding the provisions of Section 26 of Title 16 of the
Oklahoma Statutes, be received for record and recorded by the county
clerk without having been acknowledged and, when recorded, it shall be
effective as if it had been acknowledged. An affidavit filed either
before or after the effective date of this act which was either
acknowledged or sworn or both acknowledged and sworn before a notarial
officer is hereby validated and the title to such real property shall
be deemed marketable unless otherwise defective; and
3. If such real property is held in joint tenancy other than by two
persons only who were husband and wife or other than by two persons
only who were husband and wife with one as the life tenant and the
other as the remainderman, a waiver or release issued by the Oklahoma
Tax Commission of the estate tax lien as to the deceased joint tenant
or life tenant must be filed with the affidavit required by paragraph
2 of this subsection, unless the estate tax lien has otherwise been
released by operation of law.
D. The filing of the documents described in subsection C of this
section shall constitute conclusive evidence of the death of such
joint tenant or life tenant and of the termination of the interest of
such deceased joint tenant or life tenant in such real property. The
title of such real property shall be deemed marketable unless
otherwise defective.
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