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.
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 has been deceased for more than five (5) years; or
- The decedent 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.
Oklahoma City Estate Planning Attorney Stephen Cortes has over 19 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 under "Becoming a Client" above.