Riverside, CA asked in Family Law, Real Estate Law and Probate for Oklahoma

Q: In Oklahoma if my father passed away and jm his only heir.how do I get a land title?

I've been paying the taxes on it for years

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Probate Lawyer
  • Sacramento, CA

A: To get the land title in Oklahoma as the sole heir of your deceased father, you'll need to go through the probate process. Here's a general outline of the steps:

1. File a petition for probate in the county where your father resided or where the property is located.

2. Provide proof of death (death certificate) and your relationship to the deceased (birth certificate).

3. Submit any existing will, if there is one.

4. If there's no will, you'll need to prove you're the sole heir under Oklahoma's intestate succession laws.

5. The court will appoint an executor or administrator (which could be you) to manage the estate.

6. Notify creditors and settle any outstanding debts of the estate.

7. File an inventory of the estate's assets, including the land.

8. Pay any estate taxes, if applicable.

9. Once debts and taxes are settled, petition the court for distribution of assets.

10. Obtain a court order transferring the property to you.

11. Record the court order with the county clerk's office to update the property records.

The fact that you've been paying taxes on the property may help demonstrate your claim, but it doesn't automatically transfer ownership to you. You'll still need to go through the legal process to properly transfer the title.

Given the complexity of probate law, it's advisable to consult with an Oklahoma probate attorney who can guide you through the process and ensure all legal requirements are met.

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