Probate Attorney Oklahoma

While there is no legal requirement to have an attorney represent you for probate in Norman Oklahoma, hiring a probate attorney is recommended.  Attorneys havevaluable knowledge and experience to navigate the complexities of the probate process, making sure that probate laws are followed, handling creditor claims, addressing potential challenges to the estate administration, and selecting the appropriate probate procedure to ensure the most efficient administration. By hiring a probate lawyer, you can help avoid costly mistakes and unnecessary stress during this critical time. Click Here for More…

Any attorney will tell you that the cost of probate Oklahoma depends on multiple factors. In this state, probates have filing and publication fees in addition to the cost of probate attorneys. If the administration of the estate requires professional services like hiring a probate lawyer or an accountant or tax professional, then those costs must be added to the cost. Furthermore, there are mailing fees, potential probate litigation costs if there is a dispute, and the personal representative’s fee. Because of the potential high costs of estate planning probate services, it is advisable to consult with a knowledgeable probate attorney to get an expectation of possible fees and costs tied to your specific probate 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. Click Here For More…

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.  But, it is advisable to initiate the probate 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. Click Here For More…

Avoiding probate can be achieved through several estate planning tools. One of the most effective methods is establishing a revocable living trust that allows the transfer of assets outside of probate. Other ways are to designate beneficiaries on accounts like life insurance policies, retirement accounts, and payable-on-death accounts. Joint tenancy is also a way to avoid probate. However, each of these tools only works if the beneficiaries survive the account owner. For real property, a transfer-on-death deed may be appropriate. Thus, 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 probate 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:

• Full or Formal Probate Process: This procedure is appropriate for estates with assets valued at over $200,000.
• Simplified Procedure (Summary Administration): For smaller estates worth less than $200,000, the simplified process is often faster and less complicated than full probate.

Ancillary Probate: This can be utilized when the decedent owned property in Oklahoma but did not reside there. However, this option requires that a probate be filed in the home state and that it have been completed. Click Here For More…

The question as to whether a mobile home in Oklahoma must 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. Click Here For More…