Oklahoma Probate Questions & Answers

Q: How long do I have to get a simple affadavit to close a deceased bank account & or will I need to do simplified probate

1 Answer | Asked in Banking and Probate for Oklahoma on
Answered on Feb 10, 2019
Richard Winblad's answer
Banks are required to turn over funds after 5 years of inactivity. Inactivity is defined by statute. You should be good if you are within that time frame. If the assets are $50k or less and there are no unpaid creditors, an affidavit should suffice. Most banks have forms they prefer. If yours does not contact an attorney who can draft it for you. If there are creditors, a summary probate procedure may be available. This usually takes 60-90 days to complete once filed.

Q: I cannot afford an attorney, I’m trying to probate my mother’s will, the judges clerk sent me back my papers and said

1 Answer | Asked in Probate for Oklahoma on
Answered on Jan 28, 2019
Richard Winblad's answer
Probate matters are complex, it is difficult to comply with the requirements without having experience. While you might find some forms at the local law library in the courthouse, the real task is knowing what to file and when. Many attorneys handle probate estates on a flat fee basis. Check in your area.

Q: My dad divorced my mom and remarried,he died without a will in Oklahoma. How do I get my share of his estate??

1 Answer | Asked in Probate for Oklahoma on
Answered on Jan 10, 2019
Reece B. Morrel Jr's answer
If a person dies without a will, they have died "intestate."

The next step is for someone to file a "Petition for Probate" and describe how a search for the will was made but no will was found.

The Probate Court then looks to the default distribution rules for heirs as described in the Oklahoma Statutes, and acts accordingly.

To answer your question directly - "How do I get my share of his Estate?" - a petition for probate must be filed.

Q: If my father has no will and owns 2 homes. One is clear one is not

1 Answer | Asked in Probate for Oklahoma on
Answered on Jan 7, 2019
Ben F Meek III's answer
I would need more information before I could answer your question.

The most important question is: How are your father's real properties titled? If he owns one or more of them as a "joint tenant with right of survivorship" and your father dies first, his co-owner will be left as the sole owner of each such property when your father dies. If that happens the property would not be subject to your father's will and would not be passed to his heirs by intestate succession. On the...

Q: Grandparent of my children asked to babysit while we remodeled and went to the court and filed for emergency cust.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Probate for Oklahoma on
Answered on Jan 2, 2019
Doak Willis' answer
Immediately hire you an attorney who practices guardianship law and family law. Emergency guardianship may be hard to get by them unless they can show your children are in imminent danger to their health, safety, or possible death.

Q: 3 years after a probate i fould out there was a bank account that was not included is there a way to reopen that probate

1 Answer | Asked in Probate for Oklahoma on
Answered on Dec 17, 2018
Richard Winblad's answer
Many final orders include "after discovered property" language that may take care of the issue. If it does, obtain and present the bank with a certified copy of the order. If this does not do the trick, you may need to reopen the case.

Q: Dad passed away this past July and left approx. 35000 in a bank account. I am his only child and he wasn't married.

1 Answer | Asked in Probate for Oklahoma on
Answered on Dec 11, 2018
Richard Winblad's answer
You should able to use a small estate affidavit. If the bank doesn't have one you can use. Contact an attorney.

Q: How long before an estate can no longer go to probate after a person dies with no will in Oklahoma.

2 Answers | Asked in Probate for Oklahoma on
Answered on Dec 7, 2018
Richard Winblad's answer
Paying taxes alone does not vest title in the individual. Sounds like a probate is needed to get the house sold, even if the sister resists.

Q: What would be a good reason to get a lawyer while going through the probate process?

2 Answers | Asked in Probate for Oklahoma on
Answered on Dec 4, 2018
Richard Winblad's answer
Don't just get an attorney, get a probate attorney. It is a complicated process there are about 1100 probate statutes. In addition, an attorney should understand title issues. But people do manage to get through probate without an attorney. Here is a sample of the statutes:

2017 Oklahoma Statutes

Title 58. Probate Procedure

§58-1. Probate jurisdiction and venue of district court.

§58-5. Venue of probate acts.

§58-6. Venue in certain cases....

Q: What is undue influence over the writing of a will? What time of circumstances have been proven to be undue influence?

1 Answer | Asked in Probate for Oklahoma on
Answered on Nov 21, 2018
Doak Willis' answer
There are many different conditions surrounding the signing of a Will that could amount to undue influence. Usually the person exerting that undue influence is a close family member or friend. An attorney would have to hear the facts of your victims en situation in order to determine whether a case can be made on those grounds. There are too many different scenarios that encompass undue influence to answer here. Seek a good attorney and tell him/her the facts that you have.

Q: My mother married a man and they lived in OK. He did not have a Will, 17 years later the two properties never probated.

1 Answer | Asked in Probate and Real Estate Law for Oklahoma on
Answered on Nov 15, 2018
Richard Winblad's answer
Sorry for your issues.

Unless your mother holds title to the property she cannot sell them. It sounds as though a probate would be needed. Depending upon the situation, your mother be required to share the inheritance with the husband's children (if not alive their descendants).

A summary probate process may be possible which would in all likelihood not require anybody to travel to Oklahoma.

In the meantime, Alabama may not hold the property to be a resource if...

Q: We took a SMALL ESTATE AFFIDAVIT to the probate office to file it and they told us that they have never seen that form

1 Answer | Asked in Probate for Oklahoma on
Answered on Nov 12, 2018
Richard Winblad's answer
A small estate affidavit is usually used to claim property held by a bank or financial institution. If your case involves real estate you might need a probate.

Q: Oklahoma will not recognize "will" because it was never probated in Oklahoma.

1 Answer | Asked in Energy, Oil and Gas, Estate Planning and Probate for Oklahoma on
Answered on Nov 8, 2018
Richard Winblad's answer
If funds are with the unclaimed property division & the total value is under $10k you may be able to use their affidavit process. But keep in mind that once production begins there oil company will probably make probate a title requirement before they release royalty payments.

Q: Are there situations where you still need to go through probate even if the decedent had a will?

2 Answers | Asked in Probate for Oklahoma on
Answered on Nov 5, 2018
Richard Winblad's answer
There are many. Primarily if there is property that cannot be transferred without an order of the court. There are times, however, when probate might not be needed. Visit with an attorney about your situation.

Q: My ex-husband passed away without a will. He still owes me 3 years of payments per the divorce degree a lien

1 Answer | Asked in Estate Planning, Divorce and Probate for Oklahoma on
Answered on Oct 26, 2018
Richard Winblad's answer
You should visit an attorney in your area to determine if the lien is filed with the recorder of deeds and that it is still valid. You may need to foreclose or file a claim in the probate case if one is filed.

Q: My dad passed away and his will states that his proberty is left to my brother and everything else is split equally.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Answered on Oct 25, 2018
Richard Winblad's answer
This may depend on how his property is titled. If he had a home in his own name then probate will be necessary in order to transfer title. You should visit with a probate attorney. This may be eligible for a summary probate procedure.

Q: How long does an executor have to distribute funds once final approval is given in court?

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Answered on Oct 17, 2018
Richard Winblad's answer
If the assets are liquidated, taxes and creditors paid, it shouldn't take long.

Q: I have a couple of questions related to each other. About probate.

1 Answer | Asked in Probate for Oklahoma on
Answered on Sep 28, 2018
Richard Winblad's answer
The back taxes is the most pressing topic. You can stop the auction by paying them.

There is not a statute of limitations to file a probate action. If your mother had no Will or Trust then the rules of intestacy determine who inherits her assets including her home. You should visit with an attorney.

Q: So my dad had a living trust - is that what we submit to the court?

2 Answers | Asked in Probate for Oklahoma on
Answered on Sep 26, 2018
Richard Winblad's answer
If done properly you will not need court supervision. If things were left out of the trust you might need to file probate. You should have it reviewed by an estate planning attorney.

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