Dallas, TX asked in Probate for Oklahoma

Q: What is time limit to file for probate in Oklahoma

Family member refused to file the will

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3 Lawyer Answers
Ilana Sharpe
Ilana Sharpe
Answered
  • Probate Lawyer
  • Oklahoma City
  • Licensed in Oklahoma

A: There is no time limit in Oklahoma to file a probate.

James Tack Jr agrees with this answer

Richard Winblad
Richard Winblad
PREMIUM
Answered
  • Probate Lawyer
  • Edmond, OK
  • Licensed in Oklahoma

A: No there is not a time limit. Also, a Will must be produced. Title 58 Oklahoma Statutes Section 24 states:

If it be alleged in the petition that the will is in the possession of a third person and the court is satisfied that the allegation is correct, an order must be issued and served upon the person having possession of the will, requiring him to produce it in the court at the time named in the order. If he has possession of the will and neglects or refuses to produce it in obedience to the order, he may by warrant of the court be committed to the jail of the county, and kept in close confinement until he produces it.

Section 108 states:

If the person named in a will as executor, for thirty (30) days after he has knowledge of the death of the testator, and that he is named as executor, fails to petition the proper court for the probate of the will, and that letters testamentary be issued to him, he may be held to have renounced his right to letters, and the court may appoint any other competent person administrator, unless good cause for delay is shown.

James Tack Jr agrees with this answer

James Tack Jr
James Tack Jr
Answered
  • Probate Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: There is no time limit to have a will admitted to probate. As stated by Mr Winblad, you can cause the will to be produced. You should seek the assistance of an attorney to proceed.

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