Oklahoma City, OK asked in Estate Planning for Oklahoma

Q: My uncle is the personal representative for my dad's estate and he doesn't like me so he won't let me see the will. Is

this legal?

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

A: Sorry to hear of your loss.

Title 58 O.S. Section 21 - Delivery of Will to District Court by Custodian 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.

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If a probate has been filed in court your uncle has to file it of record and anybody can see it.

If a probate has not been filed you, as a person interested in the estate can file for probate.

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