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State requirements for ancillary probate

On Behalf of | Nov 9, 2022 | Probate and Trust Administration

Ancillary probate is required when an individual from another state dies and owns property in Oklahoma. This court process allows non-state residents to transfer the ownership of their property to the right heirs and beneficiaries. The procedure is different from the regular and abbreviated forms of probate.

Procedures for residents

A different legal procedure is necessary to transfer the property of a person who is not a state resident. Every state defines the requirements that a person meets to be classified as a resident. In Oklahoma, a resident has lived there for a minimum of 12 months and owns property in that state. The person must prove that he or she intends to remain there permanently.

Procedures for probate

Property outside of the state can be transferred to another state by order of a will. Without a will, a resident in another state who dies owning property in Oklahoma has to undergo ancillary probate. The probate court in Oklahoma determines the heirs and beneficiaries that are eligible to receive a non-resident’s property.

Undergoing probate is only necessary in one court if properties are owned in two or more state counties. The Final Decree is recorded and notices of the hearing are published in all of the counties.

Ancillary probate is the administration of a deceased person’s estate between two or more states or countries. The court determines what happens to an estate if a resident dies in another state or country other than where he or she lived. A will is used to decide what the individual intends to do with the property and belongings after his or her death. The state’s laws determine the specific procedures to follow for transferring property under the probate process.