Q: Is there a time frame to put a will in probate after death?

A: Oklahoma does not have a deadline, a will can be probated at any time.

However the law states, " Every custodian of a will, within thirty days after receipt of information that the maker thereof is dead, must deliver the same to the district court having jurisdiction of the estate, or to the executor named therein. A failure to comply with the provisions of this section makes the person failing responsible for all damages sustained by any one injured thereby."

Any person with an interest in the estate can begin a probate.

A: That is correct. After 30 days it must be by petition. See:

https://law.justia.com/codes/oklahoma/2014/title-12/section-12-1031.1/

A: Promptly, but .....

Many times people will use a trust to avoid the delay and expense of probate. Thus, the filing of a probate is unnecessary since the issues of the assets, taxes, or debts are handled through the trust.

But what frequently happens - especially in Oklahoma - someone may own an asset such as a mineral interest in an oil and gas well and title was not timely transferred to the trust.

In a case we had, several years after the decedent's death some pretty good sized checks started showing up with the decedent's name on them, and nobody knew why. Further investigation turned up a mineral interest that everybody had forgotten about.

It was necessary to file a probate so that we could properly transfer the mineral interest to the heirs.

Hope this helps.