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Oklahoma Probate Questions & Answers
1 Answer | Asked in Probate for Oklahoma on
Q: What Oklahoma statute states that an executor of the estate must give expense accountings to the beneficiaries

We're needing this because I'm the beneficiary and the executor has not given us any expenses of the estate. We're just days away from the final accounting hearing. I've had to do this pro se.

Ilana Sharpe
Ilana Sharpe answered on Oct 21, 2020

58 O.S. Sec. 541 is the statute relating to final accounting.

2 Answers | Asked in Probate for Oklahoma on
Q: My dad passed away in August this year. His wife of 4 yrs has filed to be admin since there no will he owned a business

A home and several vehicles on the list of assets several vehicles aren't listed and the value of inventory to business wasn't included my dad told me we were to split the interest in company 1/2 to us and other 1/2 to her but she is trying to keep it all where do we stand in being able... Read more »

Ilana Sharpe
Ilana Sharpe answered on Oct 21, 2020

First of all I am very sorry for your loss. In regards to your question, if there was no Will then the assets of your father would be passed pursuant to the laws of intestacy. In this case where there is a surviving spouse and children who are not the children of the surviving spouse, his wife is... Read more »

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Man drafts will in 2017 leaving everything in his estate to his daughters; biological, adopted & step. Marries in 2020.

No new will was drafted, but the husband dies unexpectedly in 2020. What does Oklahoma law say this wife is legally entitled to? Or will she have to sell the home she lives in because it is part of the assets mentioned in the 2017 will?

James Tack Jr
James Tack Jr answered on Oct 3, 2020

I am sorry for your loss. The answer first may depend upon how the title to the house was held. I have assumed that the house was in the name of the husband only. I have also assumed there is no antenuptial agreement, which may also affect the answer. there will need to be an administration of the... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: trust been in probate for 10 years how long can it be there in Oklahoma
Ilana Sharpe
Ilana Sharpe answered on Sep 25, 2020

I am a little confused by this question. Trusts are not instruments that are subject to probate proceedings so I’m not quite certain what is happening here. However, there is no limit to how long a probate can take. Depending on circumstances they can go on for many years.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Can quitclaim deed signed by my father before his death be challenged by unsecured creditors?

My dad was diagnosed with last stage heart failure following a massive heart attack. This disabled him from working. Knowing his life would be cut short, he quitclaimed his property to me. Signed, notarized and recorded with the county. The property DOES have a mortgage (specifically, a land loan)... Read more »

James Tack Jr
James Tack Jr answered on Sep 24, 2020

I have assumed that the property is in Oklahoma. Creditors would have to establish their claim against the estate through the probate court. If a probate proceeding is not initiated by one of the family members, a creditor could initiate the proceeding. After establishing their claim, they would... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: Where do we stand as property owners after an estate management battle in court between step children and spouse?

Step Daughter suing deceased's spouse for estate management after spouse sold property to us back in December 2019. We are still in process of purchase. One lot is in deceased's name and two are in both names.

Ilana Sharpe
Ilana Sharpe answered on Sep 21, 2020

Since you are purchasing from the estate of deceased individual a title company would not close on the sale until such time as the probate court approves the sale or the probate is concluded and the estate is distributed, at which point you would be purchasing from the beneficiaries of the estate... Read more »

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2 Answers | Asked in Probate for Oklahoma on
Q: how do i start probate without a will?

my mother passed away in 2013 and didn't leave a will. I have a brother and a sister. i have been paying the taxes on the land and everything since 2010, do i have more right to it then they do? They have not once helped me pay taxes.

Richard Winblad
Richard Winblad answered on Sep 21, 2020

Sorry for your loss.

If your mother didn't have Will the property would pass according to the intestacy statute. If she was single at the time of her death and all her children were living, then the likely outcome is for the children to share equally. You may have a claim for the...
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1 Answer | Asked in Probate for Oklahoma on
Q: My fathers parents passed within a few months of each, both intestate. His sis is appointed personal rep. She won't give

him any info. When I looked case up on odcr it says that heirs are determined and "letters of admin sent" and "proof of publishing" has been done. Is my dad supposed to hire his own attorney? He has never received anything from court or sis?

Ilana Sharpe
Ilana Sharpe answered on Sep 18, 2020

As an heir he should have received notice of the proceedings. Publication can only be considered good notice to a person if the person has searched diligently and cannot locate the heirs. If you believe that his sister should not have been appointed as administrator and that the estate is not being... Read more »

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: Who are the heirs wife or kids?

Dad passed away 2 years ago. He had land that was only in his name. He used his land as collateral for a trailer that is in both he and his wife's name. She went to prison after he passed away and did not make payments on the loan. I saw it in the paper in probate? What do we need to do? This... Read more »

James Tack Jr
James Tack Jr answered on Sep 16, 2020

It is not clear if your father's estate has been probated. If he had a will and the will was admitted to probate, his will determines who the property goes to. If he had no will, the property goes by intestate succession. To get good title to land, his estate must be administered. Unless... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: My fathers parents passed within a few months of each, both intestate. His sis is appointed personal rep. She won't give

him any info. When I looked case up on odcr it says that heirs are determined and "letters of admin sent" and "proof of publishing" has been done. Is my dad supposed to hire his own attorney? He has never recieved anything from court or sis?

James Tack Jr
James Tack Jr answered on Sep 9, 2020

He should contact the attorney for the estate and make sure he knows he is an heir and give the attorney his current mailing address. He should get a copy of all of the pleadings filed in the matter. He would not need to hire an attorney if he is in agreement with all of the pleadings and findings... Read more »

2 Answers | Asked in Probate for Oklahoma on
Q: Home of deceased parents not listed in their revocable trust, do we have to go thru probate? Or can we sell
Matt Fleischer
Matt Fleischer answered on Sep 1, 2020

Yes, you will need probate. There's no small estate affidavit for real estate in Oklahoma. Real estate held in the individual names of the decedents must be probated to transfer marketable title to the heirs. If the home is the only probate asset, however, the probate process can be relatively... Read more »

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2 Answers | Asked in Probate for Oklahoma on
Q: My mom lived in shawnee ok and died in tulsa ok and left no will and has gas and oil royalties in nacogdoches tx where

Would you file for probate and where would it be held at

Matt Fleischer
Matt Fleischer answered on Aug 31, 2020

I'm sorry for your loss. Whether you need a probate in TX will depend on TX law and whether you need a probate in OK will depend on OK law. In Oklahoma, your need for a probate will depend on numerous factors, including what types of assets your mom had, how those assets were titled, the value... Read more »

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2 Answers | Asked in Probate for Oklahoma on
Q: My mom lived in shawnee ok died july7 2020in tulsa ok has gas oil. Mineral rights in nacogdoches tx where does the

Probate take place at

Matt Fleischer
Matt Fleischer answered on Aug 31, 2020

I'm sorry for your loss. Whether you need a probate in TX will depend on TX law and whether you need a probate in OK will depend on OK law. In Oklahoma, your need for a probate will depend on numerous factors, including what types of assets your mom had, how those assets were titled, the value... Read more »

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: can the person who has power of atty sign a quitclaim deed if he is also one of the "buyers"?

94 year old father wants to quitclaim deed his house to his 3 children to avoid probate. His hands don't work anymore and so his son has power of atty so he can sign for his dad. Can the son sign the quitclaim for his dad if the son is listed as one of the buyers? Do the children have to pay... Read more »

Richard Winblad
Richard Winblad answered on Aug 28, 2020

That transaction might not be the best if the property has increased in value. By using a "Transfer on Death Deed" the father will obtain his objective of transferring the home to children outside of probate. Also, if he will need a nursing home but cannot afford it, the transaction... Read more »

2 Answers | Asked in Probate for Oklahoma on
Q: My father died. He and my mother owned land as tenants in common. She wants to sell the land. There was no will.

My mother and I are the only surviving beneficiaries. I don’t care anything about inheriting the land. We just want the quickest and easiest way to get the land out of his name so that we can sell. He died in and owned land in McClain County, Oklahoma. Do we need to go through probate? If so, is... Read more »

Chantelle Hickman-Ladd
Chantelle Hickman-Ladd answered on Aug 21, 2020

First, I'm sorry for your loss. If the land was owned as tenants in common, a probate will be necessary to transfer your father's interest in the land to his heirs. You can always file a probate on your own, although hiring an attorney to do the probate can make the process easier on you.

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: My spouse died and his sons girlfriend removed all of our money of his dad body and all of his other peronal belongings

Is this legal

Sheila Crumley Field
Sheila Crumley Field answered on Aug 19, 2020

No, as his spouse, you are the next of kin. Ask her to give it back, or you will file a police report. Good luck.

1 Answer | Asked in Medical Malpractice and Probate for Oklahoma on
Q: Can my brother in law get his medical card while on probation
Jammie Taire
Jammie Taire answered on Jul 17, 2020

This question is posted in the wrong practice area. The probate section is for matters involving guardianship, deceased parties, etc. You may want to post in social security/disability.

1 Answer | Asked in Probate for Oklahoma on
Q: My mother passed away a year ago. How do i force my father to probate her will?

My mother passed away over a year ago. My father has refused to probate her will. I also have a half sister, from my moms first marriage. The estate is sizeable, and we assume that my father is trying to hide something or cut my sister out. We have confirmed the will has not been entered into the... Read more »

Matt Fleischer
Matt Fleischer answered on Jun 29, 2020

Yes, you can force the will to be probated. According to Section 21 of Title 58 of the Oklahoma statutes, “Every custodian of a will, within thirty days after receipt of information that the maker thereof is dead, must deliver the same to the district court having jurisdiction of the estate, or... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: As executor can I gain access to bank records of accounts held in joint tenancy between my Mother and brother?

My mother left a will naming me as executor and splitting her estate equally between my brother and I. I have filed for Summary Administration for a mineral interest held in Oklahoma where I reside. Her only other assets are bank accounts held in joint tenancy with my brother in Arizona where she... Read more »

Matt Fleischer
Matt Fleischer answered on Jun 19, 2020

Because the bank accounts were held in joint tenancy with your brother, both your mother and brother owned the accounts while your mother was alive. Upon your mother's death, the account became the sole property of your brother. Therefore, the account is not part of your mother's probate... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Oklahoma on
Q: What are my rights on my family property, my dad passed suddenly from heart failure. No will.

The deed is in his name and his wifes name. Originally it was my dad and mom's place, mom passed and dad remarried. unfortunately, the new wife got the property in right of survivorship, she died and it went to her kids who never even lived in the place. She had no will. Her kids have not paid... Read more »

Matt Fleischer
Matt Fleischer answered on Jun 9, 2020

If your dad and his new wife put the property in their names as joint tenants and he predeceased her, then the property would still be in her estate. In such circumstances, you do not have any legal rights to the property. The intestate heirs of your dad's new wife would be the owners, subject... Read more »

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