What Is The Probate Process In Oklahoma?
The probate process is handled differently in different states. In some states, probate is something to be avoided — a process that is only initiated if an individual dies without a valid will in place. In Oklahoma, for example, probate is a normal part of the estate administration process.
With more than a decade of experience, the attorneys at Helton Law Firm are prepared to provide the legal guidance and representation that clients in Tulsa and communities throughout the state need. If you have lost a loved one or you are developing an estate plan and have questions about what your surviving heirs might face, we encourage you to schedule a consultation at our firm.
Depending on certain financial thresholds, it might not be necessary for an estate to go through the probate process. Your lawyer can help answer these questions for you. After the will is filed, the process moves through numerous stages. For example:
- A request to appoint an executor via a Petition for Probate is filed. If there is no will, the court will appoint a personal representative of the estate. Letters Testamentary will be issued to either the executor or the personal representative giving that individual the legal authority to act on behalf of the estate.
- A notice of probate must then be published in the decedent’s local newspaper. Creditors then have two months to make a claim against the estate.
- The executor must file an inventory of the estate’s assets with the court. This must happen within two months of the appointment of the executor.
- After taxes have been paid and the creditors’ claims have been settled, the court will issue an order distributing the remaining estate assets to beneficiaries.
Each client and every case is different. Our goal on the website is to give you a snapshot of the challenges you might face. To learn more about how the law impacts your specific case, call or email our firm.
In most legal matters, there are severe consequences for missing deadlines or filing incorrect or incomplete paperwork. An experienced Tulsa attorney familiar with the probate process can help you navigate these hurdles with maximum efficiency and minimum penalties.