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Oklahoma Probate Questions & Answers
2 Answers | Asked in Probate for Oklahoma on
Q: If a person dies intestate, is there a deadline for the filing for probate?

My cousin passed away without a will. He had no children, surviving siblings or parents. My siblings and I are the closest relatives. He had a two week hospital stay prior to his death. So far we have not been able to find out a final bill from the hospital. He had Medicare and VA and we would... Read more »

James Tack Jr
James Tack Jr answered on Jan 22, 2021

I am sorry for your loss. There is no time limit for filing a probate matter in Oklahoma. In order to sell the property or get good title to the real estate, you will have to have an estate proceeding. Unfortuantely, because of the pandemic, we are seeing a lot of people dying without a will and... Read more »

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1 Answer | Asked in Probate and Real Estate Law for Oklahoma on
Q: Q_ Was in probate, but lawyer quit. I was given adm. of estate June24,2020. I need title & deed in my name

Guessing 2014 Oklahoma Statutes, Title 16. Conveyances, §16-62. Purchasers for value of real estate - Reliance upon status of title has what I need to aquire title & deed so I can borrow or sell property? I've been paying all the bills since Mar 2020 & property taxes.

James Tack Jr
James Tack Jr answered on Jan 18, 2021

In order for good title to be in your name, the probate will have to be completed and the final decree filed in the county clerk's office. 16 O.S. 62 is part of Oklahoma Simplification of Land Titles Act. That Act generally allows a title examiner to rely upon decrees or deeds after they have... Read more »

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: In a quiet title action that is filed do heirs have to make an entry of appearance to the court to retain their interest

in the land. If they don;t and tell the lawyer for the plantiffs is that good enough

James Tack Jr
James Tack Jr answered on Jan 18, 2021

Many quiet title suits are merely for cleaning up a title that everyone agrees on. However, some are not. The safest course is to file and entry of appearance and answer to the petition.

1 Answer | Asked in Probate and Real Estate Law for Oklahoma on
Q: Q_ Was in probate, but lawyer quit. I was given adm. of estate June24,2020. I need title & deed in my name

Guessing 2014 Oklahoma Statutes, Title 16. Conveyances, §16-62. Purchasers for value of real estate - Reliance upon status of title has what I need to aquire title & deed so I can borrow or sell property? I've been paying all the bills since Mar 2020 & property taxes.

James Tack Jr
James Tack Jr answered on Jan 15, 2021

15 OS 62 is part of the Oklahoma Simplification of Land Titles Act. Generally, it is a statute which allows title attorneys to rely upon final decrees or executor's deeds that have been filed of record for more than 10 years where nothing appears of record controverting the title. It allows... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Oklahoma on
Q: I was just curious as to if a journal can be classified as a "holographic" will?

The deceased journal consists of the owners name and has dates. Then also the journal is about their everyday life and ideas.

Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2021

It is not likely, but it is theoretically possible. Take the journal to a probate attorney to be reviewed.

2 Answers | Asked in Probate for Oklahoma on
Q: Attorney withdrew from case no other attorney was hired back in 2009 is it still in probate

My uncle is the personal rep of my grandmas estate in 09 our lawyer withdrew 3 months later and we never hired another attorney is the estate still in probate and my uncle just past away and was married to my aunt 42 years does she take over for my uncle

Nina Whitehurst
Nina Whitehurst answered on Jan 2, 2021

I can tell you for certain that your aunt does not take over for your uncle as executor. Executor status is not something that is ever “inherited”.

As to whether the probate case is still open, that would require a review of the case file. Some courts do close cases after a while for...
Read more »

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2 Answers | Asked in Probate for Oklahoma on
Q: I have to fill out a affidavit for release of decedent's accounts that exceed 50,000, at first glance but...

My father passed away in August of 2020, he left no will and owned no property or car or stocks or bonds. He did have funeral, hospital and nursing home bills that I have paid. He had 3 bank accounts (one of which was in Missouri, I was POD)which totaled more than 50,000. I was beneficiary of one... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 17, 2020

You fill out the form based on the total accounts that did NOT have POD designations.

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3 Answers | Asked in Probate for Oklahoma on
Q: What is time limit to file for probate in Oklahoma

Family member refused to file the will

Ilana Sharpe
Ilana Sharpe answered on Dec 9, 2020

There is no time limit in Oklahoma to file a probate.

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1 Answer | Asked in Contracts, Estate Planning, Antitrust and Probate for Oklahoma on
Q: Before my father passed he verbally left me an RV but never addressed in the will, now being denied by exec.

Do I have any legitimate claim if it had been the understanding by all parties ? Sister has POA and mother is alive and we’re both aware of his wishes.but denying my receipt of the asset. What recourse do I have .

Charles Watts
Charles Watts answered on Dec 8, 2020

In a very vague answer, anything that is not specified in the will goes to the estate for distribution. If the RV is not listed anywhere, then the RV would pass to your mother as the surviving spouse due to it being marital property. There are always exceptions to the general rules and you should... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: Can my husband who was named sole beneficiary of mom’s estate in her will sell a property that was missed during probate

An order was filed on all other property. There was a waiver of general inventory and appraisal. We found the deed to the property after probate was complete. Do we need to go back through the probate process for this property?

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

If there was a residuary clause in the Final Decree which covers "all other property," you should not have to reopen the probate.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Can the executor sign everything over to one child?

My dad died 2001 and it has been in probate ever since. My mom is the executor and they were married at the time of death. She had 2 of his 5 kids.

Because she was the wife at the time. Should she automatically get half? Since that time, it has been only my mom, me, and youngest sister on... Read more »

Ilana Sharpe
Ilana Sharpe answered on Nov 9, 2020

I can't fully answer this without more information. However, if your father had a Will when he died and that Will was admitted to probate then the terms of the Will dictate how the property is distributed. If he died without a will then his wife will acquire 1/2 of the property acquired by... Read more »

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...
Read more »

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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 »

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