All these functions are carried out under the supervision of the district court. While all wills must be filed for probate, small estates may go through a much simpler probate process than larger estates. Prior to statehood (1907), Oklahoma probate records were kept by the U.S. district courts. Oklahoma City: Oklahoma Historical Society, 1976. A contested probate case is one of the most contentious, emotionally difficult, types of legal proceedings. Attorney fees vary. The personal representative may be an individual such as the deceased person’s spouse or adult child or it may be a bank or trust company. Probate is the process of proving a will. Oklahoma’s summary probate process eliminates a couple of the steps that a full probate requires but it gets you to same point in the end. The Oklahoma Probate Procedure can be confusing and frustrating for many people. In either case, if a person’s child has predeceased him/her, if that deceased child is survived by his/her own children (the deceased person’s grandchildren), those grandchildren will receive in equal shares the portion of the estate that their parent would have received if living.  There are some special rules if the deceased person owned both property acquired during marriage and property acquired before marriage or acquired during marriage via a gift or inheritance from another person. Probate Records for Saline District in the Cherokee Nation, 1886'1898. Q: What is meant by probating an estate? (The fee is often waived.). §58-10. Note that sometimes the word “executor” is used instead of “personal representative”. The minimum time required to administer a simple estate is normally six to 12 months. Upon the death of a property owner, Oklahoma law provides for a legal process to take control of the deceased owner’s probate assets, assess their value, pay creditors and distribute the assets to the person’s legatees (if the person died with a will) or heirs (if the person died without a will). 3. Probate is a legal process which involves distributing a person’s assets and covering their debts and taxes after they die. Dealing with the loss of a loved one can be an overwhelmingly emotional and painful time, which only complicates the already complex process of dealing with estate and probate matters. Court costs for various filing fees will total approximately $225. Guardianship These records are confidential. The files include wills, dockets, administrator's records, guardianship records, inventories, appraisements, sales records, minutes, and … One is an affidavit that does not involve the probate court at all. The value of the probate estate is not more than $200,000, and either: the deceased passed away more than five years ago or. Full Bio. You may also select the category above the form title to view all forms under that category. © 2021 Oklahoma Bar Association. Read The Balance's editorial policies. If the deceased person is single but is survived by children, the entire estate passes to the children. What is probate? The personal representative is allowed a fee, fixed by law, of approximately 2.5 percent of the value of the probate property. Probate of an Estate: Forms may be available in the Law Library or in the Probate Department. The functions and duties of the personal representative are: These steps and proceedings require preparing and filing numerous legal documents, publishing certain notices in a newspaper, holding district court hearings, securing appraisals of property, preparing interim and final income tax returns and any required federal gift and estate tax returns, providing an accounting of funds, making actual distribution of the property and receiving the final discharge of the personal representative by the district court. If the deceased names a personal representative in a will, that party is usually appointed by the district court. If you think you need legal advice please consult a licensed attorney. All Rights Reserved. (Revised February 2018) 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 filing fee is $204.14 plus publication if applicable. Q: Do I need a will or a trust? To qualify for summary probate (technically referred to as “summary administration”), the estate must meet one of the following criteria: 1. The primary purpose of the attorney-in-fact is to communicate the principal’s wishes when they are unable to speak or make competent decisions. Any litigation or fighting could extend the timeline considerably. Read on for a detailed overview of probate in Oklahoma, and to find out if you qualify for Oklahoma’s simplified probate procedure. If you are looking for more clarity regarding which assets need to go through probate, see What Assets go Through Probate? Probate records are among the most valuable records available for American genealogy but can be challenging to access because … The heirs at law must either agree unanimously or reach a majority vote. If you have questions, schedule a free consultation today. When the person or institution holding the property -- for example, a bank where the deceased person had an account -- gets the affidavit and a copy of the death certificate, it releases the asset. You may want to try mediation. Q: How long does probate take? Probate is a general term for the entire process of administration of estates of deceased persons, including those without wills, with court supervision. in the case of real estate and other record ownership property, probate provides a method to transfer title to the property to the ultimate takers and thereby maintain a clear chain of title to the property. These fees are greatly reduced when you use EZ-probate and do probate on your own without an attorney. Under this section, an ancillary proceeding may be commenced in Oklahoma if the following three documents are available from the decedent’s domiciliary probate: • A certified copy of the will. The decedent has been deceased for more than five (5) years; or. 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. Probating an estate requires that a responsible party, called the personal representative, be appointed by a district court judge at a hearing to carry out the duties outlined below. Oklahoma City Probate Court Information. One is an affidavit that does not involve the probate court at all. Upon the death of a property owner, Oklahoma law provides for a legal process to take control of the deceased owner’s probate assets, assess their value, pay creditors and distribute the assets to the person’s legatees (if the person died with a will) or heirs (if the person died without a will). Probate Checklist. Regardless of whether you choose a will or a trust, experience has proven the wisdom of one who carefully considers the provisions of these estate planning documents. About Oklahoma, U.S., Wills and Probate Records, 1801-2008 This collection includes images of probate records from the state of Oklahoma. Transfer of old matters authorized. Family members serving as personal representative sometimes waive their fee. §58-5. If the deceased owned property in Oklahoma at the time of his or her death, the estate must go through probate in an Oklahoma court. 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 … Special procedures are available for administering small estates and estates passing completely to a surviving spouse. If the deceased does not have a will, the district court will usually appoint the closest relative as the personal representative. §§ 1251-1258) went into effect. Yes. Julie Ann Garber wrote about estate planning for The Balance, and has almost 25 years of experience as a lawyer and trust officer. Ann § 393. You can get started for free with our, 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%. Whether or not you make a will or create a trust is up to you. Depending on the state that the property is in, you may need to pay an estate tax. The names and addresses of the heirs or beneficiaries. Probate Procedure §58-1. Those rules are not covered in this pamphlet. The personal representative must file an accounting of the handling of the estate funds at the conclusion of the probate and a minimum of 20 days notice must be given for a hearing on the accounting. An attorney-in-fact is an individual chosen by the principal (the estate owner) to represent them and make decisions on their behalf. Julie Garber. Estate decisions are complicated and going through the probate process can be difficult. Expedited and simplified probate procedures can be initiated with an application by the … to carry out the orders of the district court in all matters before the court and to distribute the property to the proper parties. Hourly fees for attorneys can range from $150 to $300 per hour. The website of the Court Clerk for Oklahoma County indicates that the proceedings which take place during probate include probate of an estate, guardianship, and adoptions. Similarly, if there is no will, the heirs at law must decide and agree on who will administer the estate. A Probate Checklist: How to Probate an Estate Most estates that require probate follow these steps. children, grandchildren, etc.) The Oklahoma probate process includes repaying the decedent’s creditors to the extent possible from the assets of the decedent and transferring the decedent’s property to the heirs in accordance with the will or Oklahoma intestate law. If no one named in the will can serve as personal representative, then the beneficiaries of the will must appoint a personal representative. 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. Creditors must be given two months in which to submit claims following publication of a notice to creditors in a newspaper. Oklahoma Probate Forms FAQ. 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