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Oklahoma Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: My mom wants to leave her house to me, and exclude my siblings from any claim. What is the best (and cheapest) way?

The house is mortgaged, she bought it for about 70k and really is the only asset she has. I have one sister who I know will contest this, but as she has refused to be an actual member of our family for years, my mom wants her to have nothing. I have helped with payments, I take care of her. My... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 19, 2021

Have your Mom contact a will/estate lawyer and have a will drawn up for her which provides her intent on what she wants to do with her estate, including the house, upon her passing.

1 Answer | Asked in Probate for Oklahoma on
Q: What form do I need to fill out to give my part of an estate to someone else in oklahoma
James Tack Jr
James Tack Jr answered on Apr 15, 2021

The form depends upon the nature of the assets. It may be an assignment. if it is an interest in real property, there should also be a deed. The attorney handling the probate case should be able to help you with the appropriate form.

1 Answer | Asked in Probate for Oklahoma on
Q: Can I give my part of a estate to another person even if probate isn't completed
James Tack Jr
James Tack Jr answered on Apr 14, 2021

Yes, but the interest you are giving is still subject to the probate process.

2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: My friends brother is in prison on Utah. His father passed and left the farm in Oklahoma to him and his sister.

He got papers last week saying there’s a court date apr 13 and she taking him to court to get permission to sell . He doesn’t get out until dec and his parole has been approved for Oklahoma and that address. What should he do? He can’t make court next week? He doesn’t know why sister is... Read more »

James Tack Jr
James Tack Jr answered on Apr 7, 2021

It's likely that this is something going on in his father's estate proceeding. There are a number of reasons that the property is being sold. He should hire an attorney to find out what is going on and to protect his interest.

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1 Answer | Asked in Probate for Oklahoma on
Q: Is there a statute of limitations on filing a will in Oklahoma: -- father died Sept 2019, -- will found Sept 2020?

I am hoping there is a statute of limitations, otherwise, does a probate ever end or is an estate ever really settled if a will can pop up out of nowhere during the life expectancy of the heirs at law for the next 20 - 50 years. Heirs at law spent 1 year probating the estate as intestate and now... Read more »

James Tack Jr
James Tack Jr answered on Feb 24, 2021

There is no time limitation on when a will may be admitted to probate. There is no statute specifically related to nurses that I am aware of. There is a general statute concerning wills obtained under duress, fraud, or undue influence. It is difficult from your description to determine what the... Read more »

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: sister defrauds my share of late moms house sales (1/3 of40k) sells house without my knowledge

I live in Oklahoma county, oklahoma. I was reading about your personal representative deed. my estranged sister sold my late mothers house without my knowledge or acceptance. I looked up the deed online and it lists a personal representative deed. how is this possible that she was able to sell my... Read more »

Charles Watts
Charles Watts answered on Feb 11, 2021

Well first, the house is sold and there is nothing to do about that assuming it was sold to someone not related. As far as your portion of the sale/estate, this would have all been completed during the probate procedure. If your sister did not fulfill her legal obligation then you 'may or... Read more »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: is common law marriage legal in okl? how can i prove common law marriage/meet parameters after death,no will, no kids

my late husband (i guess this term wont hold weight if common law is not recognized in oklahoma) passed 10/10/20. he has no children, no will. his estranged brother is trying to kick me out of house ive shared w over 2yrs. i pay bills. house is worth about 45k. i heard he has been granted head of... Read more »

Charles Watts
Charles Watts answered on Feb 11, 2021

Yes non-ceremonial marriage is still a valid marriage in oklahoma. You will need an attorney to prove your claim since his brother is clearing out things.

There is case law where a regular ceremonial wife was removed from an estate because the husband had never divorced the non-ceremonial...
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1 Answer | Asked in Probate for Oklahoma on
Q: My husband passed and the land he has for sell can I continue to sell I'm his only heir
James Tack Jr
James Tack Jr answered on Feb 2, 2021

I am sorry for your loss. If the land was titled in his name only, you will have to go through probate. If it was titled in his and your name as joint tenants, you can file an affidavit of termination of joint tenancy (or go through probate if there are other reasons to have his estate probated).... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: Do I have any rights to the house of 31 yrs my father in law owns. My husband and him died without a will last year?
James Tack Jr
James Tack Jr answered on Jan 26, 2021

Sorry for your loss. There is not enough information to fully answer your question. The answer depends upon who died when and who were their heirs. Generally, upon the death of your father-in-law, his property would go to his heirs. That would include his spouse, if any, any living children or... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: After my grandfather passed his wife did do a probate but there was never a final decree. She has passed now

I have found mineral interest through unclaimed property in Oklahoma. I am the last living relative of his. Would I be entitled to the mineral interest

James Tack Jr
James Tack Jr answered on Jan 25, 2021

You would be entitled to it if you can show you are the only heir or the only devisee (person who takes under a will) of your gandfather. In order to get marketable title now, granddad's probate would have to be finished with a decree that shows who gets the property, presumably your... Read more »

1 Answer | Asked in Estate Planning, Probate and Wrongful Death for Oklahoma on
Q: My dad died dec -8-2019 n i got a latter say my aunt is being special administration and wants me to sign a waiver my

It say i have execited a waiver of objection to appointment of special administrator and waiver will be filed contemporaneously herein what dose this mean

David A. Cincotta
David A. Cincotta answered on Jan 24, 2021

It appears that a probate case has been (or is about to be) filed to allow your father's estate to be handled through probate, and your aunt is requesting that the Court appoint her as Special Administrator (giving her certain powers under the law to act on behalf of the estate). It sounds... Read more »

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 »

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