Probate for Out-of-State Family Members With Property in Oklahoma
It is quite common for individuals to own property in another state, but handling this property after someone’s death can be a little complex without proper Oklahoma City estate planning. Perhaps you have out-of-state family members who own property in Oklahoma. Have you ever wondered what the probate process for that property would look like? Keep reading below to learn exactly how probate works for out-of-state family members who own property in Oklahoma.
Basics of the Ancillary Probate Process
You may already know that the main probate process takes place in the county and state where the deceased person lived. This is sometimes called the domiciliary probate process. However, a secondary probate process (known as ancillary probate) may be required in Oklahoma to handle the property that is located here. This is how that process works:
Primary Probate Must Start First
The primary probate must proceed first in the deceased person’s home state. Starting this process would follow the general probate rules of:
- Filing a petition with the court
- Presenting the will for validation
- Appointing an executor
- Taking an inventory of the assets
Once the estate has been opened and Oklahoma property is identified as an asset, the Oklahoma ancillary probate process may begin.
File Petition in Oklahoma
The next step is filing a petition in Oklahoma court in the county where the property is located. Along with this petition, you would need to include certified copies of the probate documents from the deceased’s home state along with copies of the will. An out-of-state executor may be allowed to handle the Oklahoma property, but they might be required to post a surety bond.
Distribute or Sell the Property
Once the Oklahoma judge has validated the probate proceedings from the other state, they will grant the executor the authority to dispose of the Oklahoma property. This could include selling the property or distributing it to the heirs according to the terms of the will. Once the court gives final approval, then title to the property can officially be transferred.
Will Family Members Need to Travel to Oklahoma?
The answer to that question is usually no. There is typically no need for family members to travel to Oklahoma to complete the ancillary probate process. In most cases, a local Oklahoma probate attorney will be allowed to complete all necessary court appearances without the need for any travel. Working with an experienced probate attorney is crucial to ensure that everything is handled according to the terms of Oklahoma law.
Planning Ahead for Out-of-State Property
If you live outside of Oklahoma but own property in the state, it is important that you plan ahead. Having a comprehensive estate plan in place can help ensure that your property passes to your family as quickly and efficiently as possible. The team at Helton Law Firm has a deep understanding of Oklahoma estate law, and we can help you develop a plan that fits your needs. Contact us today to schedule an initial consultation and let us help protect your family.
