Ancillary Probate in Oklahoma

In the context of estates, when a person dies, a probate or estate proceeding is often commenced in the county in the state where the decedent resided at the time of his or her death.  This proceeding is often referred to as the “domiciliary probate.”

However, when a non-resident decendent dies leaving real property or oil and gas interests in Oklahoma, a second type of proceeding is required in order to properly obtain legal title to the real property or oil and gas interests.  This second type of proceeding is often referred to as “ancillary probate” and must be commenced in the state and county where the real property or oil and gas interest is located.

Oklahoma has an ancillary statute at 58 Okla. Stat. §677.  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.

            •   A certified copy of the order admitting the will to probate.

            •   A certified copy of the order distributing the estate.

This procedure is also available if a person died without a will by filing certified copies of the order appointing the personal representative and the order distributing the estate.

If any of the documents above cannot be obtained from the domiciliary probate, then an ancillary proceeding is not available under §677.  However, there may be other options available in Oklahoma such as a summary administration discussed below.

Oklahoma Probate:  Summary Administration in Oklahoma

The normal probate of a will or the administration of an estate of a person dying without a will can take a long time to complete, especially if the estate is large, there is a will contest or federal estate taxes are involved.

Fortunately, the Oklahoma legislature has passed a summary administration law with the goal of reducing the time and expense of a regular probate estate.  This summary proceeding can be used for distributing real property and oil and gas interests.  It applies if the decedent left a will or if the decedent did not have a will.

In order to qualify for summary administration, the decedent’s estate must meet one of the following criteria:

            •  The value of the estate is less than or equal to $200,000.00;

            •  The decedent has been deceased for more than 5 years; or

            •  The decedent resided in another state at the time of his or her death.

A summary administration requires fewer court appearances, notice to creditors to present claims to the estate is reduced to 30 days and the entire summary administration can often be completed in 6 to 8 weeks.  Consequently, attorney fees and costs are typically less than the normal probate of a will or the administration of an estate.

Call Oklahoma Attorney Kevin L. Miller, PC

Located in Oklahoma City, Kevin L. Miller, PC has over 38 years of practical experience in ancillary probate, summary administration and estate administration

With Kevin L. Miller, PC, you will experience personalized, professional service in a confidential and welcoming environment. If you need to help understanding the probate process, reach out to Kevin L. Miller, PC at (405) 443-5100 or fill out our contact form.