Lawton, OK asked in Probate for Oklahoma

Q: Is there a statute of limitations on filing a will in Oklahoma: -- father died Sept 2019, -- will found Sept 2020?

I am hoping there is a statute of limitations, otherwise, does a probate ever end or is an estate ever really settled if a will can pop up out of nowhere during the life expectancy of the heirs at law for the next 20 - 50 years. Heirs at law spent 1 year probating the estate as intestate and now have to start over probating the estate as if there is a will starting with a contested will action against the legatee of the will (registered nurse who is a grand niece of the testator).

Is there any statute in Oklahoma that prevents nurses from conning the elderly out of their estates. In Illinois, there is a state statute expressly voiding any will that bequeaths an estate from a testator to a nurse or other medical provider.

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

A: There is no time limitation on when a will may be admitted to probate. There is no statute specifically related to nurses that I am aware of. There is a general statute concerning wills obtained under duress, fraud, or undue influence. It is difficult from your description to determine what the status of the case is and whether there was ever a final order. The finality of a decree depends upon a number of factors not disclosed by your description. Since this appears to be an ongoing case, questions could be addressed to the attorneys in the case who would be more familiar with the facts.

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