Oklahoma Probate Procedure
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Oklahoma Probate Procedure
- Filing a Petition begin the Oklahoma Probate Procedure.
- Notice of Hearing must be given to all interested parties
- Hearing on Petition naming Personal Representative or Executor
- The Court will issue Letters of Administration appointing a Personal Representative or Executor
- Notice to Creditors
- If Creditors come forward, then an Order allowing payment of their claim
- Release of claim by the any Creditor that made a claim
- Inventory of all assets in the estate
- An Order approving the inventory
- Application and Order for final hearing and distribution to heirs
- Each of these will require Notice to heirs and all interested parties by either mailing, publication in the newspaper or both.
The Oklahoma Probate Procedure can be confusing and frustrating for many people. The above is what we sometimes refer to as “regular” probate and can take 6 to 10 months on average. However, we regularly have probates that last over a year or longer when heirs fight.
It is possible to avoid the Oklahoma Probate process by distributing assets with certain tools such as Joint Tenancy with Right of Survivorship, Pay on death designations, and transfer on deaths designations. While these are important tools, they can have unintended consequences. Instead they should be used in combination with a properly executed Oklahoma estate plan.
For distributions according to your wishes then you must have a valid Will and proper Oklahoma estate planning. The government makes distributions for if there is NO Will. The consequence of dying without a Will can be disastrous and are discussed on our Will page.
It does not matter whether a person dies with or without a Will, the probate procedure is the same. Oklahoma provides for two types of probate procedures.
Oklahoma Summary Probate is available where the total value of the estate is less than $200,000. The Oklahoma Summary Probate only takes a few months. This probate process works effectively when all heirs are in agreement and there are no problems. The timeline is tight. So, if there are issues, then families will sometimes opt for the “regular probate” when there are disagreements or outside circumstances that would require a longer probate procedure. See our Summary Probate Procedure page for a descripition.
No two situation are alike. Oklahoma City Estate Planning Attorney Stephen Cortes has over 19 years of legal experience. Call us today for a free consultation at 405-213-0856 or self-schedule above under “Becoming a Client“.