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What is Summary Administration?

What is Summary Administration?

When a person dies without a will, the probating the estate can take a long time to complete. This is especially true if there is a will contest, family discourse or it is a large estate. Because of the time and expense of a probate, the Oklahoma legislature passed legislation allowing for a summary administration.

According to Oklahoma law, summary administration becomes available when an estate has a value of less than $200,000.00, the deceased lived in another state or passed away over five years ago. The summary administration generally has a completion time of 2 to 3 months and requires fewer court appearances making attorney fees less than a regular probate.

Requirements

An estate in Oklahoma must meet at least one of the following for summary administration qualification:

  1. The estate value is equal to or less than $200,000.00
  2. At the time of death, a decedent lived in another state or
  3. The decedent death took place more than five years ago

When any of the three summary requirements are met, summary administration advantages typically include one less court hearing, combined notices to creditors and heirs, and fewer court document filings.

Timeframe

With a summary administration, proceedings have a quicker completion time because the petition and combined notice get filed simultaneously. Also, the appointment of the estate’s personal representative can be obtained without the necessity of an initial hearing.

In addition to these time-saving measures, creditors are limited to 30 days for presenting a claim following the Order granting petition and combined notice (“Order”). A final hearing is scheduled for a minimum of 45 days following the aforementioned Order.

Thus, depending on the decedent’s assets and whether it can qualify for summary administration, this probate can be a valuable and time-saving option.

For more information about meeting the summary administration qualifications, use our contact form or call us at 405.759.0678.

Please visit our Probates section for more information.

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