Oklahoma’s Probate Process: What to expect in the new year

The probate process is generally complex and understanding what to expect in the coming years is crucial for effective estate planning. Here’s our overview of the current Oklahoma probate process.

How is Probate Initiated?

When an individual passes away, proceedings for probate begin with filing a petition in the district court in the county the deceased resided. The petition should state the deceased’s details, whether they died with or without a will, jurisdictional facts, the estate’s value and it should identify the proposed personal representative (PR). If the deceased has a will, the original will must be file with the petition.  

What to Know About Order and Notice of Hearing

Once the petition is filed, a hearing date will be set by the court, usually 10 to 30 days after filing of the petition. Notice of this hearing must be mailed to all known heirs, legatees, and devises at least 10 days prior to the hearing date.  Also, notice of the hearing must be published one time in a legal newspaper if the names or addresses of an heir, devisee or legatee is unknown.

Appointing a Personal Representative

At the hearing, the court will verify the deceased’s death, residence, estate details and whether or not the personal representative is suitable. Once approved, the PR is issued letters testamentary (if there is a will) or letters of administration (if there is no will). These letters authorized the PR to act on behalf of the estate.

Within two months of appointment, the PR must file an inventory of the estate’s assets, providing valuations. This is essential for tax purposes.

Additionally, the PR must notify creditors by publishing a Notice To Creditors and mailing it to all known creditors within 10 days of publication. Creditors have two months from the notice date to present claims to the personal representative.

Next, once debts and taxes are paid, the PR must distribute the remaining assets to heirs or beneficiaries as directed by the will or, if there is no will, according to the Oklahoma’s laws of descent and distribution.

It’s important to note that a simple estate typically takes six to 12 months to probate while complex estates or those with disputes may take longer.

Should You Avoid Probate?

Individuals may be able to avoid probate if they have certain assets like those held in joint tenancy, payable-on-death accounts or living trusts. In order for a smooth asset transfer and to avoid probate, you should consider working with a professional to ensure proper estate planning.

Looking Ahead to 2025

It is prudent to consult with a probate attorney that keeps up to date on any changes in the probate code.

Oklahoma attorney, Kevin L. Miller, PC has over 35 years of experience in helping all kinds of individuals and familes. He says, “The probate process and estate administration can be very difficult. Without an attorney, the process can be confusing and cause unnecessary delays. I can guide you and counsel you through the process and ensure you are well-informed.”

Reach out to Kevin L. Miller, PC today to get started on your estate planning. Call (405) 443-5100.

Reference: https://www.okbar.org/barjournal/november-2024/basic-probate-procedures/