Muskogee, OK asked in Probate for Oklahoma

Q: My father passed away in 2014. He had no estate to require probate. If something else comes along is probate required?

He was involved in a class action lawsuit and 2 years after his passing an attorney contacted me about it and advised he had a check and needed to determine who to send it to and if we needed probate. The attorney would not disclose an amount and kept giving me the run around. I know there is a minimum amount you are required for probate but without this information disclosed to me I do not know how to proceed.

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1 Lawyer Answer
Richard Winblad
PREMIUM
Richard Winblad
Answered
  • Probate Lawyer
  • Edmond, OK
  • Licensed in Oklahoma

A: Sorry for your loss.

This is a difficult situation. Probate actions are expensive. Depending upon the amount of the check you may be able to use a small estate affidavit. This may be used when there are not debts or taxes due and the the value of the property is $50,000 or less. This is commonly used for bank accounts or insurance proceeds. The statute is 58 O.S. Sections 393, it says:

A. At any time ten (10) or more days after the date of death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, chose in action, or stock brand belonging to the decedent shall make payment of the indebtedness or shall deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, chose in action, or stock brand to a person claiming to be the successor of the decedent upon being presented an affidavit ...

The other option is to wait until the funds are paid into the unclaimed property division of the Oklahoma Treasurer, however this could take years. Oddly, an affidavit is only good for property of $10,000 or less.

You might want to contact the attorney and ask if such an affidavit would be acceptable. If so, this would cost a few hundred dollars instead of several thousand,

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