Q: How long before an estate can no longer go to probate after a person dies without a will in Oklahoma? with a will?
Is there a timeframe that an estate has to be probated? Does this change with a will and without a will? I see the term testate used a lot for people who have a will, does that term only apply to people who have had the will go through probate and proven to be a valid will, and would you refer to someone with a will that has never been through probate as intestate?
Follow up, is the will considered a valid will only when it goes through probate, wouldn't that be the determining factor of stating testate or intestate. The way I have understood it a person is only considered testate when they have a valid will (and it is only valid once it has gone through probate), so having a will not put through probate would be considered intestate.
A:
There is not a statute of limitations within which to probate somebody's estate.
If there is a valid Will, then the its distribution instructions are followed.
Intestate, is where someone dies without a Will. Then the property is divided among the heirs according to the statute in force at the time of death.
Both testate and intestate estates pass through probate. Probably qualifies for a summary probate.
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