Why You Need Proper Knowledge of Oklahoma Probate Law
Probate law differs from one state to the next. Oklahoma law states immediately after the owner of a property dies, a legal process is provided for the total control of the deceased person’s estate and assets. Including assessing their value, paying creditors, and distributing the assets to the person’s legatees if the person died with a will or heirs if they did not have a will. Additional ancillary administration proceedings occur if the deceased had properties in other states.
Is probate necessary?
Probate is necessary, as someone must step in (the executor or administrator) to settle the deceased’s final affairs. The goal of a probate lawyer is to work closely with the executor throughout the probate process.
Not all properties go through a probate court. The only properties that must go through the court are those owned solely by the deceased person with no named beneficiaries. For example, real estate, securities accounts, and solely owned bank accounts.
What you and your family need to prepare for probate in Oklahoma
The following are some of the requirements you need for probate:
- Probate court petition: If there’s no will, file a petition that gives you legal backing as the administrator. If a will exists, then an executor or personal representative of the will must be named.
- Death certificate: This can be obtained from the Oklahoma State Department of Health.
- List of known assets and liabilities
- The original will of the deceased
Also, note that not all estates are required to go through probate. Smaller estates do not require court supervision.
An experienced probate lawyer will guide you through the intricacies of Oklahoma probate law. We take the time to explain things to you, so you don’t get confused.
For more questions regarding probate or why probate is necessary for your situation, contact us today.