A. The termination of the interest of a deceased joint tenant or life tenant may be established on a conclusive basis by one of the following methods: 1. By proceeding in the district court as provided in 58 O.S. § 911; 2. By a valid judicial finding of the death of the joint tenant or life tenant in any action brought in a court of record; or 3. By filing documents that satisfy 58 O.S. § 912C. B. The termination of the interest of a deceased joint tenant or life tenant may be established on a prima facie basis by one of the following methods: 1. By recording certified copies of letters testamentary or letters of administration for the estate of the deceased joint tenant or life tenant, or 2. By recording an affidavit from a person other than those listed in 58 O.S. § 912C which: a. Has a certified copy of the decedent's death certificate attached; b. Includes a legal description of the property; and c. States that the person named in the death certificate is one and the same person as the deceased joint tenant or life tenant named in the previously recorded instrument which created or purported to create the joint tenancy or life tenancy in such property, and identifying such instrument by book and page where recorded.

See TES Standard 25.5 Oklahoma Estate Tax Lien.The marketability of title may also be impaired by the lien of Federal estate tax. See Title Standard No. 25.2.

Authority: 16 O.S. §§53 A(10); 82-84; 58 O.S. §§23, 133, 282.1, 911 and 912; 60 O.S. §§36.1 and 74; 68 O.S. §804.1.

Comment: Title 58 O.S. § 912 is a procedural statute, and may be applied retroactively because it does not affect substantive rights; See Opin. Atty. Gen. 74-271 (February 10, 1975), Texas County Irr. & Water v. Okla. Water, 803 P. 2d 1119 (Okla. 1990), and Shelby-Downard Asphalt Co., v. Enyart , 67 Okla. 237, 170 P. 708 (1918). The death of a joint tenant or a life tenant may be conclusively established under § 912 regardless of the date of death and regardless of the date of filing of the affidavit.

The 1992 Report of the Title Examination Standards Committee proposed the substantial revision and simplification of this standard in response to major changes in 1992 to 58 O.S. § 912. The Committee recommended that the standard should no longer be bifurcated into separate headings for non-judicial termination of joint-tenancies and judicial termination of joint tenancies and life estates, since the 1992 amendment of § 912 permits the termination by affidavit both of joint tenancies composed of persons other than two spouses and of life estates. The Committee also recommended omission of the former standard's differing requirements for affidavit forms based upon the date on which the affidavits were made, since, under the 1992 amendment of § 912, the effectiveness of the affidavit form is controlled by the date the affidavit is filed rather than the date the affidavit was made, 63 O.B.J. 2903, 2905 (10/17/92). These recommendations were approved by the Real Property Law Section, November 12, 1992, and adopted by the House of Delegates, November 13, 1992.

The 1994 Report of the Title Examination Standards Committee recommended amending this standard to broaden the class of documents that can be filed to evidence the termination of the interest of a deceased joint tenant or life tenant, to amend and add citations of authority, and to add the Comment regarding the possible impairment of the survivor's title by a federal tax lien. 65 O.B.A.J. 3334 (10/22/94). The Real Property Section approved the Committee's recommendation on November 17, 1994 and the House of Delegates adopted the amended standard on November 18, 1994.

In 1997, the title Examination Standards Committee proposed amending this standard both to reflect new authority that makes recorded affidavits prima facie evidence of the facts they recite and to clarify when a deceased life tenant's estate may be subject to an estate tax lien. 68 O.B.J. 3295-96 (10/18/97). The Real Property Law Section approved the recommendation on November 6 and the House of Delegates adopted the amended standard on November 7, 1997, 68 O.B.J. 3707 (11/15/97) .

The 2000 Report of the Title Examination Standards Committee made no substantive changes, but did propose amendments to the format of this standard for purposes of clarity. 71 O.B.J. 2629 (10/14/00). The Real Property Law Section approved the Committee's recommendation on November 16, 2000 and the House of Delegates adopted the amended standard on November 17, 2000. 71 O.B.J. 3136 (12/9/00).

The Title Examination Standards Sub-Committee recommended amendment to Standard 8.1 and 15.4 to reflect the effect of the repeal in the Oklahoma Estate Tax. The Real Property Law Section approved, November 18, 2010, and the House of Delegates adopted the proposal on November 19, 2010. (superseded document available)

The 2013 Report of the Title Examination Standards Committee recommended amending Standard 8.1B to reflect that the applicable statutes do not require that the signer of the Affidavit have personal knowledge of the matters set forth in the affidavit. The Real Property Section approved the amendment on November 14, 2013 and the House of Delegates adopted the amendment on November 15, 2013.

The 2016 Title Examination Standards Sub-Committee recommended that Standard 8.1C be amended to reflect the uncertainty of the status of Oklahoma estate tax liens. The Real Property Section approved the proposal on November 3, 2016 and the House of Delegates adopted the amendment on November 4, 2016. (superseded document available)

The 2017 Title Examination Standards Sub-Committee of the Real Property Law Section recommended amendments to Title Standards 8.1 C, and 25.5 to reflect new legislation concerning the attachment, duration and release of Oklahoma Estate Tax Liens on deaths occurring prior to January 1, 2010. The Real Property Section approved the proposal on November 2, 2017 and the House of Delegates adopted the amendment on November 4, 2017. (superseded document available)

The 2020 Title Examination Standards Sub-Committee of the Real Property Law Section proposed to make changes to Standards 8.1, 15.4, 25.5 and 25.7 to reflect the passage of 10 years since the repeal of the Oklahoma Estate Tax. The Real Property Section approved the proposal, and the House of Delegates adopted the amendment on November 13, 2020. (superseded document available)

The 2025 Title Examination Standards Sub-Committee of the Real Property Law Section recommends that certain authorities be stricken from Standard 8.1 as the language is out of date and no longer necessary. The Real Property Section approved the proposal and the House of Delegates adopted the new amendment on November 7, 2025. (superseded document available).