Cherokee County Affidavit of Surviving Joint Tenant Form (Oklahoma)
All Cherokee County specific forms and documents listed below are included in your immediate download package:
Affidavit of Surviving Joint Tenant Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Cherokee County compliant document last validated/updated 10/3/2024
Affidavit of Surviving Joint Tenant Guide
Line by line guide explaining every blank on the form.
Included Cherokee County compliant document last validated/updated 10/16/2024
Completed Example of the Affidavit of Surviving Joint Tenant Document
Example of a properly completed form for reference.
Included Cherokee County compliant document last validated/updated 7/17/2024
The following Oklahoma and Cherokee County supplemental forms are included as a courtesy with your order:
When using these Affidavit of Surviving Joint Tenant forms, the subject real estate must be physically located in Cherokee County. The executed documents should then be recorded in the following office:
Cherokee County Clerk
213 W Delaware St, Rm 200, Tahlequah, Oklahoma 74464
Hours: 8:00am to 4:30pm Monday through Friday
Phone: (918) 456-3171
Local jurisdictions located in Cherokee County include:
- Cookson
- Hulbert
- Moodys
- Park Hill
- Peggs
- Tahlequah
- Welling
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Cherokee County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Cherokee County using our eRecording service.
Are these forms guaranteed to be recordable in Cherokee County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Cherokee County including margin requirements, content requirements, font and font size requirements.
Can the Affidavit of Surviving Joint Tenant forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Cherokee County that you need to transfer you would only need to order our forms once for all of your properties in Cherokee County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Oklahoma or Cherokee County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Cherokee County Affidavit of Surviving Joint Tenant forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
In Oklahoma, the process for transferring the title to the surviving joint tenants is governed by 58 O.R.S. 912. This section of the state laws also includes the requirements for transferring property rights to the person holding a remainder interest in a life estate.
Joint tenancy with right of survivorship is an ownership interest where two or more people share an interest in property that transfers to the remaining owner(s) when one dies. The transfer happens without probate and the property may not be included in a will.
A life estate exists when someone has the rights to use property while alive, but may not sell the property or pass the rights to anyone after death. After the life tenant dies, the rights either revert to the owner of record or to someone else who is designated on the deed to receive the remainder (remainderman). As with joint tenants, the transfer of property interest generally proceeds with no need for probate distribution.
There is no statutory affidavit form to enact these transfers separately. Instead, the affidavits customarily address both circumstances. To initiate the change in ownership, the survivor, remainderman, or an appointed representative must complete and execute an affidavit identifying the parties, the land, the ownership terms, and information about the recorded deed. In addition, they must include a certified copy of the deceased owner's death certificate. Some situations also require a waiver or release of the estate tax. Contact an attorney or tax advisor for more information about tax obligations associated with the transfer.
When all the documents are in order, the living owner submits them for recording in the county where the land is located. This process is important because it preserves the marketable title of the real estate, which is essential if the owner plans to sell or mortgage the property.
(Oklahoma AOSJT Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Cherokee County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Cherokee County Affidavit of Surviving Joint Tenant form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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