Oklahoma City, OK asked in Estate Planning and Probate for Oklahoma

Q: How to transfer land deed to children after death with Will, avoiding probate?

I live in Oklahoma. My mom passed away in 2019. She had a Pour over will and trust. Her home was deeded into the trust and the transfer of everything went smoothly without probate. However, after all was said and done, my brother and I realized my mom had inherited a piece of land (1 acre lot in a gated community at a lake) which was only listed in her name and forgotten about when she prepared her Will and Trust. The land is worth less than $10k and I've continued to pay all taxes and homeowners fees each year. Rather not probate.

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1 Lawyer Answer
Timothy Carignan
Timothy Carignan
  • Estate Planning Lawyer
  • Norman, OK
  • Licensed in Oklahoma

A: If that piece of land was not part of the trust, then it now has to go through probate. There’s nothing else than can be done now.

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