Understanding the Oklahoma Probate Process Timeline
Navigating the Oklahoma probate process after the loss of a loved one is never easy. At a high level, probate is the process of validating the deceased’s will (if they had one), paying their last debts, and distributing their assets.
Having a Tulsa probate attorney on your side to help navigate this sometimes complex process can help ease some of your stress.
Understanding Oklahoma probate law is essential, as it sets forth specific procedures and deadlines that must be followed throughout the process. Keep reading below to learn more details about what the Oklahoma probate process timeline typically looks like.
Oklahoma Probate Process Timeline and Milestones
On average, the probate process in Oklahoma takes 6 to 12 months. However, probate can take longer in some situations, especially for complex estates or situations in which disputes arise. The typical timeline is as follows:
Month 1: Opening the Estate
The probate process starts by filing a petition with the probate court. Some documents will also need to be submitted to the court along with the petition, such as the death certificate and the will (if there was one).
Notice will also be sent to potential heirs, and the court will schedule a hearing to appoint the executor, usually within 30 to 45 days.
Months 1 to 3: Inventory the Assets and Give Notice
One of the next steps that happens in the probate process is that the executor must provide notice to all known beneficiaries, creditors, and heirs. This also requires publishing a notice to creditors in a local newspaper.
Next, the executor will identify and inventory all assets of the estate. This step is crucial for understanding the total value of the estate and ensuring that all assets are accounted for. A probate lawyer can assist with properly valuing assets and ensuring compliance with all inventory requirements.
Months 3 to 5: Paying Debts and Claims
Creditors are given two months from the date notice is published to file claims against the estate. During this time, the executor is responsible for:
- Paying all valid claims
- Selling assets to pay claims, if necessary
- Disputing invalid claims in court
Paying claims on time ensures that the probate process continues to move forward efficiently.
Months 5 to 8: Distributing Assets and Giving Final Accounting
Next, the executor will distribute all remaining estate’s assets according to the terms of the will or the intestate succession laws of Oklahoma (if there was no will). The executor should also prepare a detailed accounting of the estate.
This accounting should include:
- All amounts paid to creditors
- Assets distributed to beneficiaries
- All receipts and payments entering or leaving the estate
- Any remaining assets not yet distributed
The court must approve this final accounting before the estate can be closed. Working with a probate attorney ensures that your final accounting meets all court requirements and helps prevent objections or delays.
Months 6 to 12 and Beyond: Closing the Estate
Once the court has approved the final estate accounting, the executor may file a petition to close the estate. As long as there are no objections, the court will officially close the estate.
While most estates are administered and closed within a year, there are some situations that can cause the probate process to take much longer. This usually includes things like will contests, heir disputes, or unresolved tax issues.
Contact a Tulsa Probate Lawyer at Helton Law Firm Today
If you need help navigating the probate process in Oklahoma, our experienced probate attorneys in Tulsa are here to guide you through each step. Contact a probate lawyer from Helton Law Firm at (918) 928-7104 today to schedule a free consultation and let us help you move forward with confidence.
