Oklahoma City, OK asked in Probate for Oklahoma

Q: So my dad had a living trust - is that what we submit to the court?

Related Topics:
2 Lawyer Answers
Richard Winblad
Richard Winblad
PREMIUM
Answered
  • Probate Lawyer
  • Edmond, OK
  • Licensed in Oklahoma

A: If done properly you will not need court supervision. If things were left out of the trust you might need to file probate. You should have it reviewed by an estate planning attorney.

Reece B. Morrel Jr
Reece B. Morrel Jr
Answered
  • Probate Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: One of the main reasons why a person prepares a "Living Trust" is to avoid the need to probate a will. Consequently, you may not need to submit anything to the Probate Court.

However, if your Dad owned property that was not owned by the "Living Trust", then you will need to file a Petition in Probate Court and attach a copy of the will. The Probate process will allow you to properly transfer the property to the heirs named in the will.

Please keep in mind that it is typical for a will that is prepared at the same time as a "Living Trust" to use "pour-over" provisions. This means that the will names the "Living Trust" as the primary heir. Once the Probate process is finished - the property is transferred to the "Living Trust" - then the Trustee of the "Living Trust" makes the final distributions of the property.

If you have additional questions, you may want to contact a lawyer to have them review the paperwork for you.

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.