Q: If a person dies intestate, is there a deadline for the filing for probate?
My cousin passed away without a will. He had no children, surviving siblings or parents. My siblings and I are the closest relatives. He had a two week hospital stay prior to his death. So far we have not been able to find out a final bill from the hospital. He had Medicare and VA and we would like to find out what is owed before paying an attorney to start the probate process. My sister was his guardian when he was alive (he was a VA nursing home resident), so hopefully she will eventually get the hospital bill by mail. His primary asset is real estate valued at approximately $20,000 or less.
A: There is not a deadline for filing a probate. However, there are timelines for how long a creditor has to submit a claim once the probate has begun and certain requirements are met. It may be beneficial to call a probate attorney to get specific advice about your situation.
James Tack Jr agrees with this answer
A: I am sorry for your loss. There is no time limit for filing a probate matter in Oklahoma. In order to sell the property or get good title to the real estate, you will have to have an estate proceeding. Unfortuantely, because of the pandemic, we are seeing a lot of people dying without a will and without having given consideration to how their assets will be disposed of upon their death. Due to the apparent size of the estate, you may be able to use one of the shortened proceedings which will cost less money than a full probate.
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