Perhaps, you’ve encountered that term, PROBATE, but don’t know that it could actually impact you or your loved ones. Let’s take a closer look, first, at what it is.
Probate, by definition, is a legal process to establish the authenticity or validity of a will.
While many states have adopted the Uniform Probate Code (UPC), which simplifies the process, Oklahoma has not.
In Oklahoma, a regular probate can take anywhere from six to ten months, on average, and can be really expensive.
Having an experienced Oklahoma probate attorney on your side can help to make the somewhat complicated process as efficient and timely as possible. A seasoned probate attorney in Oklahoma will effectively guide you through the intricacies of Oklahoma’s legal system — ensuring your proceedings are handled correctly, ultimately helping to reduce the costs and stress associated with the process.
When it comes to probate, having experienced legal professionals on your side can make a significant difference in achieving resolution in a smooth, cost-effective way.
Long story short; someone dies with their assets solely in their name.
Even if the deceased has a last will or trust, the assets are still required to go through probate. This is typically referred to in “legal-eze” as improperly funded assets or property not properly conveyed to the trust.
The estate may qualify for a Summary Administration, regardless of value.
In that case, the estate may also qualify for Summary Administration.
The best way to avoid it is to look at how all of your property is titled to ensure it won’t end up in court.
Examples include:
With a trust, the title to your property is legally held by the trust, not a person. If the initial trustee (usually the property owner) passes away, the trust agreement should contain a provision to name a successor trustee. This is how a trust avoids probate.
A trust is part of a larger comprehensive estate plan that Seda Law Firm can help you with. Estate planning with an experienced Oklahoma Estate Planning attorney is vital. If your assets include real property, such as a home or mineral rights, having an experienced law firm, like Seda Law Firm create a plan for you is invaluable! If you have questions about trusts use the contact form at the top of this page to reach out to our team.
Ensuring your assets are properly titled and recorded is essential to keeping your assets (and loved ones) out of court.
Check out our page on the basics of Estate Planning for more information on which avenue is best for you.
Often this answer is dependent on family dynamics.
Anytime probates become contested, the time and cost increases substantially. I have seen these cases go on for over ten years! This is especially common in situations that involve family discord or blended families.
These situations are a nightmare for everyone affected. The sad reality is it could have been avoided with a properly executed estate plan.
If you are currently in a situation that may involve a contested probate, our team of experienced Oklahoma Probate Attorneys at Seda Law Firm can help guide you. Know your attorney rights and options for the fastest, most cost-effective resolution to your case.
If you would like to have a conversation with our team about the process you can reach us through our contact form or call us at 405.759.0678.
Your Oklahoma probate attorney,
While there is no legal requirement to have an attorney represent you for probate in Oklahoma, hiring a probate attorney is recommended.Attorneys have valuable knowledge and experience to navigate the complexities of the process, making sure that probate laws are followed, handling creditor claims, addressing potential challenges to the estate administration, and selecting the appropriate procedures to ensure the most efficient administration. By hiring a probate attorney, you can help avoid costly mistakes and unnecessary stress during this critical time. Click Here for More…
The cost of probate Oklahoma depends on multiple factors such as filing fees, publication fees, and mailing fees. There could also be costs for professional services, including hiring a probate lawyer, an accountant or a tax professional. Furthermore, there are potential probate litigation costs if there is a dispute. Because of the potential high costs of estate planning probate services, it is advisable to consult with a knowledgeable probate attorney to get a more clear expectation of possible fees and costs tied to your specific case. Click Here For More…
To initiate probate in Oklahoma, you must file a petition with your attorney where a hearing will be set pursuant to the petition. Priority is given to the county in which the decedent resided at the time of his or her death. If there is a will (dying testate), the court will determine whether the person had a valid, legal will or not. If a will is found to be valid, an Executor will be appointed to represent the estate throughout the probate process. In this situation, the estate will be distributed according to the testator’s wishes. In cases where there is no valid will (dying intestate), an Administrator is appointed and the estate will be distributed according to Oklahoma law.
According to Oklahoma law (OSCN 58 Sec. 21), you have 30 days after learning of the decedent’s death to start the process to probate the Will. However, despite the statute, there is no statute of limitations to probate wills. It is advisable to initiate the process as soon as possible to ensure a smooth and timely administration of the estate, as a delay may open up the personal representative or attorney to some liability.
Avoiding probate can be achieved through several estate planning tools. One of the most effective methods is establishing a revocable living trust which allows the transfer of assets outside of probate. Other ways are to designate beneficiaries on any insurance policies, retirement accounts, and payable-on-death accounts. Joint tenancy or transfer-on-death deeds are additional options. By creating a comprehensive estate plan through revocable living trusts, you can effectively protect assets and minimize the need for probate in the future. Click Here For More…
A probate is required if a decedent died with either (1) real property in their name individually or (2) their estate totaled over $50k. Thus, it’s crucial to get an inventory of an estate as soon as possible so that a determination may be made. Depending on the size of the legal estate, either a full probate process (estates worth over $200,000) or the simplified probate procedure a.k.a. summary administration (for estates worth less than $200,000) may apply. Click Here For More…
No, joint accounts, such as joint bank accounts and co-owned properties held via joint tenancy, bypass probate. These assets automatically pass to the surviving account holder or legal co-owner upon the decedent’s death, outside of the probate process. Click Here For More…
Probate in Oklahoma is a legal process that determines (1) the legal heirs, (2) who gets what and in what proportions and (3) the validity of any creditor claims. A probate lawyer can help if you run into issues. The probate procedure varies based on whether the decedent had a valid will or not, which your attorney can determine. When a valid will is in place, it allows the decedent to express their wishes regarding the distribution of personal assets, and even naming a guardian for minor children. Essentially, the probate process determines who gets the decedent’s assets after all claims against the estate have been made. Click Here For More…
Both a trust and a will serve essential roles in estate planning. Wills allow an individual to deviate from the default distribution that the State of Oklahoma has imposed on all its citizens. However, as mentioned elsewhere herein, the Will must still go through probate with an attorney. Conversely, a revocable living trust is an entity that is legally allowed to own a person’s assets. As long as all the assets are owned by the revocable living trust, no probate is necessary. Click Here For More…
Although there is a common misconception that a Will helps avoid probate, this isn’t the case for every person. Even if you have a legal will, probate is necessary in Oklahoma if the estate is one that requires to be probated. Additionally, probate initiates the probate creditor statute of limitations, which plays a vital role in resolving any claims against the estate. Click Here For More…
The types of probate in Oklahoma are generally categorized as follows:
Whether or not a mobile home will go through probate depends on how it is titled and owned. If the title to the mobile home was relinquished, then the mobile home will be considered part of the real property and it must go through probate. If the title was not relinquished, then it may be possible to avoid probate.
The only liable party for someone’s estate is their estate itself. When a person files for probate they are responsible for facilitating the probate process. The estate remains its own entity and is in charge of the liability including debts of the estate.
Regardless of how the expenses have been paid before the property went into probate, or through the duration of the probate, payment of expenses does not give someone a claim of ownership over the estate. In order to establish ownership and to pass ownership of property, the estate must go through probate.
When someone passes away the portion that they would have inherited is still passed through their own estate down to their heirs based on their own estate plan or Oklahoma Statutes.
The information needed is dependent on the estate. The important information needed for every probate is the decedent’s Last Will and Testament (if one exists), the heirs information, and documents showing the assets that need to be probated. We will provide a checklist of the information we need when filing for probate.
A right to inherit does not equal an automatic right to ownership. Ownership is only established through the probate process.
