Q: Do children of a deceased sibling inherit their parent's portion of an estate in Oklahoma?

A: The rule of intestacy in Oklahoma has specific rules. The first person on the list is the spouse of the deceased, and then any children (even adopted OUT children receive) of the deceased, or heirs of those classes (so grandchildren would take if the children had predeceased). Then if there is no one down the line it goes to the parents, and then from the parents back down the respective lines.

For example. Tom dies, no spouse, no children, no heirs at all, Tom's parents have also already passed away. Tom has 2 brothers (Tim and Mike) and 1 Sister (Tammy). Then the 3 siblings would inherit Tom's estate equally 1/3 each. But let's say brother 1 (Tim) had passed away also, but had 2 kids (Joe and Jan), then Joe and Jan would each get 1/2 each of Tim's portion. So, it would be 1/3 Mike, 1/3 Tammy, 1/6 Joe and 1/6 Jan.

I would strongly encourage you contact an attorney to help navigate the process because it can become very muddied up, especially when there is property included.

A: In Oklahoma, when someone dies without a will (intestate), the state's laws determine how the estate is distributed. If the decedent had no spouse, children, or parents, the estate would typically pass to their siblings. If a sibling has already passed away, their share of the estate is usually passed on to their children, the decedent's nieces and nephews.

In your case, since one of the decedent's seven siblings is deceased, that sibling's children (your nieces or nephews) would inherit their parent's portion of the estate. The remaining estate would be divided among the six surviving siblings.

If no legal proceedings have been initiated yet, it would be important to start the probate process to officially distribute the estate according to Oklahoma's intestacy laws. It may be helpful to consult with a legal professional who can guide you through the steps to ensure that the estate is handled properly.