During the Oklahoma probate process your grief and to-do list, can be quite overwhelming and it is important to speak with a qualified Oklahoma City Probate Attorney. While there are some items that need to be taken care of quickly, our recommendation is always to take care of yourself first. The probate process is really just a civil lawsuit that gathers all of your loved one’s assets, pays their legitimate debts, pays their taxes, and finally distributes any inheritance according to their estate plan. If a Will does not exist, then a Probate will still be required. The probate process is the same without a Will, but instead of distribution according to an estate plan, inheritance will be distributed according to Oklahoma law.
An Oklahoma Probate Attorney can help you avoid obstacles and free time to care for yourself and your family. Contact the Cortes Law Firm at (405) 213-0856 for help.
It can be difficult, but in Oklahoma some of these things have a deadline. If possible, secure the deceased’s real estate and personal property as soon as possible. Then meet with a qualified Oklahoma City probate attorney to determine if a probate is necessary. Either way it is a good idea for you to start gathering some of the probate documents listed here.
Oklahoma Probate Procedure
With or without a Will the Oklahoma probate process is a civil court matter, which inventories all assets, pays debts and taxes, and then makes inheritance distributions. In Oklahoma, there is a Probate process for most estates, and also a Summary Probate process for small estates. For VERY small estates there is also something called a small estate affidavit. It is important to have a qualified Oklahoma City probate attorney explain the differences and which one applies in your situation.
Oklahoma no longer has an estate tax. The federal government does, but the federal estate tax exemption for 2018 is $5.6 million per person and the gift tax exclusion is $15,000. Most Oklahomans do not need to worry about estate taxes, but proper planning is important to pass along as much inheritance as possible.
As of 2017, if a person dies without a Will and their Oklahoma estate is less than $50,000, then their heirs might be able to take advantage of the Oklahoma Small Estate Affidavit.
If you are going through the Probate process or have questions, then the Cortes Law Firm can help take some of the burden off your shoulders. We regularly represent clients who serve in a fiduciary capacity, such as executors, administrators and guardians. For a private consultation, please call us at 405-213-0856