Fort Worth, TX asked in Real Estate Law and Probate for Oklahoma

Q: Is a will recognized in Oklahoma if is was not filed @ courthouse?

Father lived in Texas, died and was survived by 2nd wife and 2 children (from 1st marriage). Will was probated in Texas.

Father inherited a mineral estate in Oklahoma from his parents. Does Oklahoma recognize the will filed in Texas or is mineral estate considered intestate?

Related Topics:
1 Lawyer Answer
Richard Winblad
PREMIUM
Answered

A: It sounds like your father's will was admitted (accepted) into probate by a judge. The Will would also be valid in Oklahoma except in the rarest of circumstances. Therefore, the gifting provisions of the Texas Will would probably be enforced in Oklahoma.

It would likely not be considered intestate.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.