Asked in Probate for Oklahoma

Q: When would the statute of limitations start for filing a probate claim begin ?

Related Topics:
2 Lawyer Answers
Matt Fleischer
Matt Fleischer
PREMIUM
Answered
  • Probate Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: Assuming you are asking about filing a creditor claim against the estate, such claims are forever barred (in standard probate) unless presented to the personal representative or their attorney by the presentment date, which will be about two months after the notice is filed with the court clerk. However, if a non-standard probate process is being used (like summary administration), creditor claims are due within about one month after the notice is filed. There are a couple of exceptions to these general rules for out-of-state creditors and mortgages.

If you are asking about probating an estate, there is no statute of limitations. Depending on the specific circumstances, the passage of time can make probating the estate easier or harder.

Feel free to contact me directly if you have any follow up questions.

Tyler R. Barrett agrees with this answer

Tyler R. Barrett
Tyler R. Barrett
Answered
  • Probate Lawyer
  • Norman, OK
  • Licensed in Oklahoma

A: I agree with Mr. Fleischer’s response. While there is no specific statute of limitations on starting the probate process, I would recommend at least consulting with an attorney. If there is a will and you are named executor, you may have certain legal obligations relating to the deceased’s estate. Failing to uphold your duties could place you in legal jeopardy. So, again, you should speak with an attorney as soon as possible.

Matt Fleischer agrees with this answer

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.