Oklahoma Probate

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Oklahoma Probate

While there are some items that need to be taken care of quickly for an Oklahoma Probate, 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. If at any point an inheritance is questioned and proof of family ties needs to be shown, DNA resources can be of assistance for this, as well qualified Probate Attorney.

The Best Care You Can Get

Oklahoma City Probate Attorney

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. We can help you avoid obstacles and free time to care for yourself and your family. 

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. For VERY small estates there is also something called a small estate affidavit

Oklahoma Summary Probate

Oklahoma allows for Summary Probate procedure where the total value of the estate is under $200,000. This process takes less time and under the correct situation can be a great option. 

Probate Documents

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 us and start gathering some of the probate documents listed here.

Oklahoma no longer has an estate tax. The federal government does, but the 2018 Tax Reform Act has increased the estate tax exemption for 2018 to $11.2 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.

Stephen Cortes

I regularly represent clients who serve in a fiduciary capacity, such as executors, administrators and guardians." Oklahoma City Estate Planning Attorney Stephen Cortes has over 19 years of legal experience.

Small Estate Affidavit

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

Get our free guide on Probate Procedure 

How much does it cost to execute a will?

The cost of a will can vary depending on where you live and the complexity of your estate. These costs could be anywhere from a few hundred to several thousand dollars.

A will is used to distribute your assets after death, but it only takes effect after your death. And if you have minor children, or other dependents that rely on you for support, then making sure that there's enough money for them to continue living their lives after the death of the person who makes decisions about income calculations may be just as important as allocating enough money during life towards their care needs. Executing a last will and testament is not something anyone wants to think about too often - but it's much smarter than many people believe and inevitably much

What's the Average Cost of a Making a Will?

The average cost of a will varies on many factors such as the state and location where you live, how complex your assets are and more.

Lawyer fees for creating a basic will costs anywhere from $150-$500 and can take 30 minutes to several hours for someone to prepare it. Attorney's hourly fee's may range from $100-$1,000 per hour depending on where you live, make sure you do your research before hiring one.

Can Executors get paid?

Yes, executors are entitled to be paid for assuming their fiduciary responsibilities. Though some states have rules about how much they are able to earn, the executor (or Personal Representative) is definitely allowed something for his/her work if compensation was not pre-arranged in the will.

The executor of a person's estate is charged with managing property and paying taxes on them while ensuring that no asset or liability remains unclaimed after paying off any debts that remain due after death. It's an arduous task that many people shy away from, which is why you might want to consider having someone you TRUST to serve as your executor.

How much should you pay an executor of a will?

In some jurisdictions, a general rule of thumb is that the executor's fee should generally be between five to fifteen percent of the estate’s value. However, more recently this number can vary depending on factors like how much work is required and whether they are overseeing complicated assets. 

Some courts require executors to submit billing just like the lawyers. The they figure out a reasonable hourly compensation. This is much more fair to heirs than charging a fixed percentage. It just depends on where you live.

How much does probate cost?

The cost to probate a will is dependent on a few factors including the estate taxes, attorney fees, and whether or not there are any other assets in the will. Probate cost in most states will average between $3200 to $7000.

This is if everything goes perfect and there are no family fights. The best way to determine this is to speak with a qualified attorney.

Who pays for will probate?

The estate of a deceased person will typically pay an attorney to help them with the process of getting property distributed. Probate Cost are usually, by law, taken off the top before any distributions to heirs.

These can include court cost, filing fees, attorney fees, deeds, and funeral costs. 

Cortes Law Firm Probate Attorney

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