Q: What are the requirements for a simplified probate procedure in Oklahoma and how does it it work?
Grandfather died years ago and left a house to his children, but there's no will. My mom became executor and completed to probate process in California where he lived al so I'm looking into getting it started here. I just read there's a simplified process that we could do if either we weren't going to sell the house, if the house is worth less that 175,000, or if the deceased did not live in the same state at time of death. Wondering if that is true and as a relative/heir could i start the process? Even if it's just on behalf of my mom, who, like i said earlier is executor, but has had recent health issues
A:
If the house is in Oklahoma and your grandfather passed away in another state or his Oklahoma assets were below $200,000, you should qualify to do a summary administration (a shortened probate process). So long as no one contests you starting the probate process and being named as Personal Representative, you should be able to get appointed.
However, there are some things you should consider when deciding between a summary administration and a regular probate. A probate attorney should be able to help walk you through the differences in the processes and the pros and cons of each. It would be worthwhile to at least consult with an attorney for some guidance!
A: Generally, the easiest and quickest is to do what is called a summary proceeding. It takes about 60 days to complete assuming all of the heirs are cooperative in providing and returning information. There is a statutory list of who is entitled to be executor starting with spouse, then children and on down. You can certainly start the process. Contact an Oklahoma probate or estate attorney to determine the best course of action.
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