Idabel, OK asked in Estate Planning and Probate for Oklahoma

Q: When someone dies without a will, who does their assests go to?Does it go to probate or family?

Person has no spouse or children. But has living mother and siblings.

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2 Lawyer Answers
Anna L Self
Anna L Self
PREMIUM
Answered
  • Estate Planning Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: A probate may need to be filed. You would need an attorney to review deeds, bank accounts, etc. to determine if probate would need to be filed. Without a will, the estate passes according to Oklahoma statute. If deceased has no spouse or living children or deceased children with children, then the estate passes to the living parent.

1 user found this answer helpful

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

A: When a person dies without a will it go by intestate (without a ill) succession. The Oklahoma statutes have a scheme for who it goes to depending who are his "heirs at law." I there is no children or spouse it goes to his parents and sibling. If there is real property the estate must be probated. If there is no real property it may not be necessary to go to probate depending on the assets and debts of the estate and if there are is issues dealing with the assets.

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