Bartlesville, OK asked in Real Estate Law for Oklahoma

Q: Brother trying to probate estate my mom left me

My mother passed away in 2016 prior to mother passing she put me on the deed. My mother had wishes to keep the land and allow any of the children to live there which we have done. there is nothing documented it just something my mother wanted. My brother is saying he is going to have the land probated if I am the only one on the deed can this happen? My mom is still listed on the deed would taking her death certificate and having her name removed help anything. he seems to think because her name is there is why he can take legal action.

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1 Lawyer Answer
Richard Winblad
Richard Winblad
  • Edmond, OK
  • Licensed in Oklahoma

A: If the property was deeded to your mother and yourself as joint tenants, then you would file an affidavit of surviving joint tenant along with an official death certificate. The property is then yours and the probate court would have no authority to probate the property.

If your mother used a transfer on death deed, then you must file a similar document within 9 months of your mother's death. Again, this takes it outside of probate. But this must be done timely.

You should have an attorney review the deed and advise accordingly.

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