Detailed Answer — How to re-record or update a joint survivorship deed after co-owners died (Oklahoma)

Short answer: In Oklahoma, if the deed used language creating a joint tenancy with right of survivorship (or a survivorship deed), title usually passes automatically to the surviving joint owner(s) at the moment of death. To reflect that change in the public record and clear title for future transactions, the usual steps are: locate the recorded deed, obtain the decedent’s death certificate(s), prepare and record an affidavit of survivorship (or a new deed) with the county recorder, and update county tax/assessment records. If the deed does not clearly create survivorship, or if multiple people claim ownership, probate or a quiet-title action may be necessary.

What Oklahoma law says (where to look)

Oklahoma recognizes property conveyances and the forms of ownership in its statutes governing real and personal property. For the statutes and definitions that govern conveyances, deeds, and related recording issues, see the Oklahoma Statutes — Title 58 (Real and Personal Property): https://www.oklegislature.gov/osstatuestitle.html?title=58. For probate and transfer-on-death procedures that may apply when survivorship is unclear, consult the Oklahoma statutes on probate and decedents’ estates (searchable at the Oklahoma Legislature site).

Step-by-step process

1. Confirm how the property was held. Pull a certified copy of the recorded deed from the county recorder (also called county clerk or registrar) where the property is located. Look for phrases such as “joint tenants with right of survivorship,” “as joint tenants,” or “with right of survivorship.” Those phrases usually create survivorship title. If the deed wording is ambiguous, title may pass according to intestacy/probate rules rather than by survivorship.
2. Get certified death certificate(s). Obtain an official death certificate for each deceased co-owner from the Oklahoma State Department of Health or the county vital records office. Most county recorders require a certified copy to record a survivorship affidavit.
3. Decide whether an affidavit of survivorship is appropriate. If the deed clearly created a survivorship (joint tenancy with right of survivorship or survivorship deed) and there is a surviving joint owner, many counties will accept a recorded “Affidavit of Death of Joint Tenant” or “Affidavit of Survivorship” that identifies the recorded deed, the decedent, the surviving owner(s), and attaches a certified death certificate. Recording that affidavit updates the public record and clears title without probate in most straightforward cases.
4. Prepare the affidavit or new deed. Typical contents of an affidavit of survivorship: citation to the recorded deed (book/page or instrument number), the decedent’s name and date of death, a statement that the deed created survivorship, the surviving owner’s full name and current address, and a certification signed under penalty of perjury by the surviving co-owner or another entitled person. Notarize the affidavit. Some counties have local form requirements — confirm with the county recorder.
5. Record the affidavit (or a new deed) with the county recorder. Take or submit the affidavit and a certified death certificate (and any recording fees) to the county recorder where the property is located. The recorder will index the affidavit and attach it to the property’s chain of title. If you prefer, the surviving owner may instead execute and record a new deed conveying the property from the decedent/joint owners to the surviving owner(s); doing so can be useful when refinancing or selling.
6. Inform the mortgage holder, title insurer, and tax assessor. If the property has a mortgage, notify the lender. Provide a recorded affidavit or deed to the title company if you have title insurance, and update the county assessor/appraiser for property tax records.
7. When probate or a court action is required. If the deed did not clearly create survivorship, if there are competing claims, or if the surviving owners cannot agree, you may need to open a probate estate or file a quiet-title action to establish legal ownership. Small-estate procedures may apply in some cases; consult the probate statutes or an attorney.

When you need an attorney

• If the recorded deed language is unclear about survivorship.
• If more than one person claims an interest after the co-owner’s death.
• If mortgages, liens, or tax issues complicate the transfer.
• If you must open probate, contest a will, or file a quiet-title lawsuit.

In uncontested, routine cases a surviving owner often can complete the process by preparing an affidavit and recording it with the county. If the matter is not routine, an attorney can advise whether to use probate or a court action and can prepare the necessary pleadings.

Practical checklist (what to gather before going to the recorder)

• Certified copy of the recorded deed (from the county recorder).
• Certified death certificate(s) for the deceased co-owner(s).
• Affidavit of Survivorship or Affidavit of Death of Joint Tenant (notarized). Sample templates may be available from the county recorder’s office.
• Recording fees (amount varies by county).
• Photo ID for the surviving owner—some counties require identification when recording.
• Contact information for the county recorder/assessor and any mortgage lender or title company involved.

Helpful links and resources

• Oklahoma Statutes — Title 58 (Real and Personal Property): https://www.oklegislature.gov/osstatuestitle.html?title=58
• Oklahoma State Department of Health — Vital Records (for certified death certificates): https://oklahoma.gov/health.html
• County recorder/treasurer/assessor contact — check the website for the county where the property sits (search via the county government site).

Helpful Hints

• Start with the recorded deed: the exact language controls whether survivorship applies.
• Record an affidavit quickly to prevent title problems when selling, refinancing, or transferring the property.
• Bring certified death certificates—photocopies are usually not accepted for recording.
• Check the recorder’s office for local affidavit templates or formatting requirements to avoid rejection.
• If a lender or title company asks for a new deed rather than an affidavit, follow their instructions to avoid delays when refinancing or selling.
• If any creditor claims or liens exist in the decedent’s name, investigate whether those should be cleared before relying on survivorship transfer.
• Even when the law is straightforward, recording the right documents avoids later disputes; when in doubt, consult an attorney for a title opinion or quiet-title action.

Disclaimer: This article is informational only and does not constitute legal advice. I am not a lawyer. Laws change, and specific facts can alter outcomes. For legal advice about a particular property or conflict, consult a licensed Oklahoma attorney.