Q: Does an Executor in a Will that was completed in Oklahoma by people living in Ok HAVE to live in Ok to probate the Will?
Elderly parents live in Oklahoma and Executor (son) of the Will lives in Alabama. The question is: Does an Executor in a Will that was completed/signed/notarized in Oklahoma by people living in Oklahoma HAVE to live in Oklahoma to probate the Will? If they do not is it REQUIRED to retain a lawyer in Oklahoma?
A:
First of all sorry for your loss.
Question 1: Does a Will have be probated in Oklahoma if the person died there?
Answer: If the person who died has property in Oklahoma that is subject to probate, then it will need to be probated in Oklahoma. For example, if the person died owning a house, farm, bank, vehicles, etc. titled in Oklahoma, an Alabama Court could not distribute those assets.
Generally, a probate will be necessary in every state in which the person owned probate property.
Question 2: Is an attorney required?
Technical Answer: No.
Practical Answer: Even a "simple" Probate is complex with the required filings. In many cases, the probate can be handled by a local attorney without the requirement that the personal representative ever appear in Oklahoma.
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