Oklahoma probate: the ultimate guide
If you’re looking for information about probate in Oklahoma, you’ve come to the right place. Read on for a detailed overview of probate in Oklahoma, and to find out if you qualify for Oklahoma’s simplified probate procedure.
Do you need probate in Oklahoma?
Probate is a legal process which involves distributing a person’s assets and covering their debts and taxes after they die. Assets held or titled solely in the decedent’s name will generally go through the probate process before being distributed to the heirs or beneficiaries.
Examples of probate assets include:
- Single name bank or investment accounts
- Assets owned jointly as tenants in common (as opposed to joint tenancy)
- Art and collectibles
- A house in a single name
- An automobile in a single name
- Safety deposit box contents
Not all assets go through probate. Assets that automatically transfer to another person without a court order will avoid probate.
Generally, joint accounts and accounts or assets with beneficiary designations (e.g. life insurance and retirement accounts) will avoid probate. A properly funded revocable trust will also avoid probate.
Simplified probate procedures in Oklahoma
Oklahoma state allows for two simplified probate procedures. One is an affidavit that does not involve the probate court at all. You can use this procedure if:
- The value of the probate estate, after subtracting out liens and encumbrances, is not more than $50,000 and is not real estate, other than mineral rights. 58 Okla. Stat. Ann § 393.
The other procedure is a Summary Administration, and it requires probate court involvement, but is easier than a full probate. This simplified procedure can be used if:
- The value of the probate estate is not more than $200,000, and either:
- the deceased passed away more than five years ago or
- the deceased resided in another state at the time of death. 58 Okla. Stat. Ann § 245.
If you have probate assets, and the assets do not qualify for the simplified procedures based on the qualifications listed above, then you will be required to go through the full probate process.
Who is in charge of the estate?
If there is a will, a personal representative is named in the will to manage the probate estate. If the named personal representative is unable or unwilling to serve, then the next personal representative named in the will (called the successor personal representative) may serve. Note that sometimes the word “executor” is used instead of “personal representative”.
If no one named in the will can serve as personal representative, then the beneficiaries of the will must appoint a personal representative. The beneficiaries must either agree unanimously or reach a majority vote. If not, the probate court decides.
Similarly, if there is no will, the heirs at law must decide and agree on who will administer the estate. The “heirs at law” are usually the surviving spouse, or if there is no surviving spouse, then the children of the deceased, with certain exceptions for blended families. The heirs at law must either agree unanimously or reach a majority vote.
To demonstrate that someone is in charge of the probate estate, the court issues Letters Testamentary (if there is a will) or Letters of Administration (if there is no will) to the personal representative. The personal representative shows the Letters as proof of their power to act on behalf of the probate estate.
Notice to creditors
After being appointed personal representative, the personal representative must give notice to creditors. Notice is required to be published in a newspaper in the county where the probate is taking place, once each week for two (2) or more consecutive weeks, the interval between the first publication and each successive publication shall be not less than six (6) days. In addition, within two months of appointment, the Personal Representative is required to file with the court a Notice to Creditors. 58 OK Stat § 58-32 (2014). Creditors have at least two months from the date the notice was filed to submit their claims. The Personal Representative must also mail a copy of the Notice to Creditors to all known creditors of the deceased by first-class mail within 10 days after they file the Notice to Creditors with the court.
What do I need to get started on the probate process?
Before you file a probate, there are a few things you need to get in order:
- A death certificate
- The will (if there is one)
- The names and addresses of the heirs or beneficiaries
The first step is generally to give notice to all the beneficiaries or heirs. If you are the one who either intends to manage the probate estate or you are named in the will to manage the probate estate (and you accept the position), it is your job to give notice and gather the signatures.
How long does probate in Oklahoma take?
In Oklahoma, most probates can be done in about four to six months. Any litigation or fighting could extend the timeline considerably.
How much does probate cost in Oklahoma?
Here’s an overview of the approximate costs of Oklahoma probate:
- Court costs for various filing fees will total approximately $225.
- Attorney fees vary. Hourly fees for attorneys can range from $150 to $300 per hour. For a simple probate, where it does not look like fighting and litigation will occur, it’s probably reasonable to estimate attorney fees at a minimum of $2500. These fees are greatly reduced when you use EZ-probate and do probate on your own without an attorney. You can get started for free with our EZ-Probate Intake Form.
- A fee will sometimes need to be paid to person managing the probate, which is usually a percentage of the probate estate, for example, 2%. (The fee is often waived.)
- If an asset in question has an uncertain value and needs to be appraised (such as cars or antiques), you will want to be prepared to pay an appraisal fee.
- Depending on the state that the property is in, you may need to pay an estate tax. Oklahoma does not have a state estate tax. Furthermore, the federal estate tax only applies to multi-million dollar or billion dollar type estates and affects less than 1% of the country.
Want to get a head start on the probate process?
The first step towards getting a probate opened is completing our online Intake Form. If you have already started it, you can always go back and finish it.
If you have questions, schedule a free consultation today.