Oklahoma Summary Probate Procedure
An Oklahoma Summary Probate Procedure can be a much shorter process than a "regular" probate. The Oklahoma Legislature recently tightened up the schedule by now requiring the Combined Notice to be filed with the Oklahoma Probate Court on the same day as the Petition for Probate.
The general requirements for a summary probate are found starting at 58 O.S. §245.
A summary probate is a much quicker process. However, if you are trying to sell real property, then it can not be used and you have to have a regular probate.
The reason is because in most jurisdictions heirs are not determined until the end of the summary probate. Title companies will not pass clean title during the summary probate because the Court has not determined the rightful heirs.
The general time limits for a summary probate are usually 50 to 60 days. The Court can extend these time periods depending on their calendar.
Requirements for an Oklahoma Summary Probate
A family can use this special probate procedure if:
- The value of the estate is less than or equal to Two Hundred Thousand Dollars ($200,000.00);
- The decedent died more than five (5) years; or
- The deceased person resided in another jurisdiction at the time of death.
Summary Probate Procedure
- File Petition for Probate
- File Affidavit of Mailing
- Order Appointing Special Administrator & Letters of Special Administration
- Order for Combined Notice
- File Affidavit of Mailing Combined Notice
- Publication of Combined Notice
- Final Account & Petition for Determination of Heirs, Distribution & Discharge
- Final Order Admitting Will to Probate, Approving Final Account, Determining Heirs, Distributing Estate and Discharging Special Administrator
The Combined Notice must be mailed and published within 10 days of filing the Petition for Probate.
The Combined Notice must include the name, address and date of death of your family member; the name of the Petitioner; whether or not a Will exists; the name and address of the personal representative; the names and addresses of heirs; the total value of all assets; and the date, time and location of the final hearing.
Objections can be made at any time before the final hearing. In addition, creditor claims must now be made within 30 days of the date the Petition was filed.
The Court's order admitting the summary probate can not distribute property in another state.
Oklahoma City Estate Planning Attorney Stephen Cortes has over 22 years of legal experience and can help you decide if summary probate is right for your family. Call the Cortes Law Firm at 405-213-0856 or self-schedule your free consultation on our "Contact Us" page.
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