Free Oklahoma Affidavit of Heirship

In Oklahoma, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs are; once recorded it raises a rebuttable presumption that the facts are true.

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The Oklahoma affidavit is signed by a person with personal knowledge of the decedent's family history.

State Where the Property Is Located*

The state whose land records the affidavit is recorded in. Only states where this tool prepares the affidavit are listed.

First Name*

Middle Name

Last Name*

How You Know the Family*

Your relationship to the decedent, or how you came to know the family and marital history. The affidavit states that you have personal knowledge of the facts in it.

Knew the Decedent From (Year)

Until (Year)

Street Address*

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State

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Oklahoma's recorded instrument, affidavit of death and heirship, rests on the general recording statute for affidavits of facts affecting title to land. What a recorded affidavit does, in the statute's words: a rebuttable presumption that facts stated in a recorded affidavit are true as they relate to real estate, its use, or its ownership; and, for a severed mineral interest, valid and marketable title as against adverse claimants once the affidavit has been of record ten years with nothing inconsistent filed. The effect attaches once the affidavit has been of record for 10 years. It is evidence of the facts it states, not a deed; it does not itself transfer title, and a purchaser, lender or title company decides whether to rely on it.

In the office of the county clerk in the county in which the real property is situated. The office records it as it records deeds, in the county where the land lies, and charges its recording fee per page.

Who may sign, in the statute's words: for the § 67 marketable-title effect, the maker must be related to the decedent or otherwise have personal knowledge of the facts stated. The statute names no witness requirement. Title companies commonly ask that the affiant be someone other than an heir, or that two people who know the family sign; the office relying on the affidavit sets what it will accept. It states: That the decedent died without a will; or, if the decedent had a will, that the will was never probated in Oklahoma and a copy of the will is attached; or, if the will was probated, that the severed mineral interest was omitted from the final decree and a copy of the will and final decree is attached; The names of the decedent's heirs and their relationship to the decedent; That the maker is related to the decedent or otherwise has personal knowledge of the facts stated; A description of the land for which the title may be affected by matters covered in the affidavit.

Yes. The Oklahoma affidavit is acknowledged before a notary; the prepared document carries the notarial block.

It does not transfer title, and it is not the route for every asset. A deceased owner's vehicle is retitled through Service Oklahoma - Motor Vehicle Services on No Administrator Affidavit (798), a separate agency form. Where a purchaser, lender or title company will not rely on a recorded affidavit, the court route is Determination of heirship in a probate final decree (58 O.S. § 241 summary administration or regular probate), which determines the heirs by order.

The Affidavit of Heirship in Oklahoma

In Oklahoma, an affidavit of heirship is recorded under the general recording statute for affidavits of facts affecting title to land, which names heirship among the facts the instrument may carry. The statute's own words for the instrument: “affidavit of death and heirship.” The affidavit states the decedent's death, family history, heirs and the real property, and goes into the county land records.

What recording does, in the statute's words: a rebuttable presumption that facts stated in a recorded affidavit are true as they relate to real estate, its use, or its ownership; and, for a severed mineral interest, valid and marketable title as against adverse claimants once the affidavit has been of record ten years with nothing inconsistent filed. The effect attaches once the affidavit has been of record for 10 years. The affidavit is evidence of the facts it states, not a deed; title does not pass by it.

The affidavit is recorded in the office of the county clerk in the county in which the real property is situated. Oklahoma names who may make it: for the § 67 marketable-title effect, the maker must be related to the decedent or otherwise have personal knowledge of the facts stated.

The affidavit is acknowledged before a notary. The statute names no witness requirement, so the office relying on the affidavit sets what it will accept; title companies commonly ask that the affiant be someone other than an heir.

The statute's list of what the affidavit recites: That the decedent died without a will; or, if the decedent had a will, that the will was never probated in Oklahoma and a copy of the will is attached; or, if the will was probated, that the severed mineral interest was omitted from the final decree and a copy of the will and final decree is attached; The names of the decedent's heirs and their relationship to the decedent; That the maker is related to the decedent or otherwise has personal knowledge of the facts stated; A description of the land for which the title may be affected by matters covered in the affidavit.

A deceased owner's vehicle takes a separate route: it is retitled through the Service Oklahoma - Motor Vehicle Services on No Administrator Affidavit (798), an agency form that is not the recorded affidavit. Where a recorded affidavit will not be relied on, the heirs are determined by court order in Determination of heirship in a probate final decree (58 O.S. § 241 summary administration or regular probate).

SimplyTrust Editorial·Updated September 24, 2026

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Data sourced from Oklahoma statutes and official state code. How we research.

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The Affidavit of Heirship in Oklahoma

Free Oklahoma Affidavit of Heirship

Your Information

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