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Oklahoma Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Is there a way I can get the deed in my name while the house is in probate?

My grandmother passed away last year. I am the beneficiary as stated in her will and my mother is executor. Her house in currently in probate. I’m needing to get the deed in my name to take out a mortgage to pay her debts. How can I do that?

Matt Fleischer
Matt Fleischer answered on May 14, 2020

Generally speaking, the answer is no. The executor is responsible for inventorying your grandmother's assets and liabilities, notifying and paying creditors, and then distributing any remaining assets to the rightful heirs. If the house needs to be mortgaged or sold to pay your... Read more »

2 Answers | Asked in Probate for Oklahoma on
Q: When a will is filed and goes into probate, can the executor of that will burn papers, drive vehicles of the deceased et

My grandparents/parents were in an accident, and both deceased. They had one living, biological child. My sister and I are also heirs. We can't afford a lawyer, and my grandpa was always the one who I spoke with about things like this. The biological daughter is the executor, because I... Read more »

Brian Boeheim
Brian Boeheim answered on May 12, 2020

This is a complex set of issues. You need an attorney to argue the executor (daughter) is not reliable and has/will exploit the estates assets for their own gain. The question is who can the court appoint as the executor instead. As I said at the outset, this is a complex argument, and you need... Read more »

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Oklahoma on
Q: my deceased mom didn't remove my predeceased dad from house title. How does it go from their JTWROS to me per her will?

My mom and dad owned their home JTWROS. My dad died in 1996 and never changed the title to her single name. She passed away in 2012. She had a will and we have probated her estate with the court last year. In her will, she left the home to me. How do I change the title on the house to my name,... Read more »

Matt Fleischer
Matt Fleischer answered on May 5, 2020

Assuming the probate court issued an order declaring you as the new owner of the house (per the will), you simply need to file that order in the county where the property is located. Originally, your mother should have filed an Affidavit of Surviving Joint Tenant (with a death certificate... Read more »

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2 Answers | Asked in Probate for Oklahoma on
Q: When would the statute of limitations start for filing a probate claim begin ?
Matt Fleischer
Matt Fleischer answered on Apr 11, 2020

Assuming you are asking about filing a creditor claim against the estate, such claims are forever barred (in standard probate) unless presented to the personal representative or their attorney by the presentment date, which will be about two months after the notice is filed with the court clerk.... Read more »

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Can I leave house and cars by transfer on death deeds to my 14 year old daughter w/o court involved. Do I need trustees

My husband and I own our home, no mortgage and own all autos w/ clear titles. We are self employed low income, but what we have, we own. I also have a son that is 24, but not responsible to handle such matters. What is the cheapest and simplest way to make sure that our daughter gets our... Read more »

Matt Fleischer
Matt Fleischer answered on Apr 8, 2020

Probably the cheapest and easiest way is to create a simple revocable living trust that names you and your husband as trustees and primary beneficiaries and then names a successor trustee that takes over and manages the property for your daughter until she reaches the age you want her to receive... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: In Oklahoma is there a time frame that a persons estate has to be closed? My uncle passed 8 years ago and the guardian

My uncle passed 8 years ago and the guardian won't close estate and will not give answers regarding estate. Can we go somewhere to see documents relating to status of property and monetary assets.

Ben F Meek III
Ben F Meek III answered on Mar 31, 2020

The guardianship over your uncle ceased when he died. The guardian at that point should have filed a Final Account and request to formally terminate the guardianship. If the guardian did not do so, they may be held to account and possibly to pay damages for any property that has have not been... Read more »

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: My grandmother died in 1985 with no will but she made her wishes known to each of her 7 kids. Her grandchildren and even

her adult great children knew her wishes were for one of her daughters and her son in law (my mother and father) to have her house. The iems in the house went amicably to whoever wanted what. My parents lived in the house several times over the years and always kept the real estate taxes current.... Read more »

Matt Fleischer
Matt Fleischer answered on Mar 24, 2020

Probate will likely be necessary, but it should be cheap and quick. On the other hand, if the lot is the only property left in your grandmother's name and all of your grandmother's heirs agree to deed any right they may have in the property to your mother, you can likely avoid probate... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: What is a Waiver of General Inventory and Appraisement of Estate and Final Account?

Pursuant to Oklahoma Statues, Title 58, Section 281 and Final Acccount-Oklahoma statues. Title 58, Sections 239 and 240

Matt Fleischer
Matt Fleischer answered on Mar 20, 2020

Typically, an estate going through probate must have its assets inventoried and appraised, as well as officially "accounted for" prior to the closing of the probate. However, if the personal representative obtains written consent from all heirs, he/she can ask the court to waive those tasks.

1 Answer | Asked in Bankruptcy and Probate for Oklahoma on
Q: My husband’s father’s estate has been in probate for 8 years. We recently filed bankruptcy, can the trustee take it?

My husband’s father’s estate has been in probate for 8 years, there are four heirs. We recently filed bankruptcy and now the bankruptcy judge wants the estate dissolved. We have been trying to get the probate lawyer to dissolve it for years(we could have avoided bankruptcy if this was the... Read more »

Timothy Denison
Timothy Denison answered on Mar 18, 2020

The short answer is yes he can, but you should be contact a probate attorney or your bankruptcy attorney to address this issue.

2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: Grandmother died almost 7 years ago, and my aunt won’t read the will.

My grandfather died in 2010, grandmother in May 2013. They left a will, that my aunt “can’t bring herself to read” and now “can’t locate”. My father, their son, passed 3 moths after my grandfather. My question is, does what was left in the will to my father go to me and my sister now?... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 11, 2020

You make the will appear by hiring a probate attorney to help you file a petition to probate the will and to have your self appointed as executor. Once you are appointed, or maybe before then, you will have the power of the court to compel your aunt to produce the will.

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2 Answers | Asked in Probate for Oklahoma on
Q: Parent's left no will. Need to prove heirship so the real estate property can be sold. Need to know how to file probate
Nina Whitehurst
Nina Whitehurst answered on Mar 11, 2020

This will be much easier if you hire a probate attorney to assist you. Click Find A Lawyer above and look for a probate attorney in the vicinity of where your parents had lived.

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1 Answer | Asked in Probate for Oklahoma on
Q: I was told by the person "helping" us with my father's passing that the spouse gets all the bank accounts. Is it true?

My step mom's sister in law has been "helping" us since we didnt know what to do. She's been doing sketchy stuff the whole time and when I confronted her about the bank account she said "well legally the spouse is entitled to it". Is this true or is this another one of... Read more »

Brian Boeheim
Brian Boeheim answered on Mar 3, 2020

It depends. First, is she on the account? Is she joint on the account, or is she just a signer? Second, is their a beneficiary or Paid-on-death listed on the account? Finally, if it is not otherwise designated through the above or through a Will, then she is is most likely the person who who it... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: My grandfather will probate was done incorrectly therefore invalid. Does that mean his property still belonged to him

The property was to b inherited by my aunt . She died b4 probate was completed leaving her kids as inheritors. They evicted me from property I had lived on 10+yrs. Over a year later we were notified the probate was done incorrectly therefore invalid. Was my eviction legal

Ben F Meek III
Ben F Meek III answered on Feb 27, 2020

More information is needed in order to answer your question. It depends on the terms of his Will and how it was written. It may also depend on who else of your grandfather's heirs were alive when he died. Your rights, if any, may also be cut off by appeals deadlines or statutes of... Read more »

2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: My mother died almost 2 years ago she had transfer upon death deed naming me the only child as her benafiary..How do I

How do I put the house in my name

Chaille Walraven
Chaille Walraven answered on Feb 21, 2020

If your mother executed a deed in conformance with the Non-Testamentary Transfer of Property Act (commonly referred to as a Transfer on Death Deed) naming you as the beneficiary, you are required to record an affidavit of acceptance within 9 months from the date of your mother's death. If an... Read more »

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Where can I find the forms needed to file for Oklahoma probate?
Richard Winblad
Richard Winblad answered on Jan 22, 2020

Even simple probate cases require a multitude of forms. Some county courthouses have law libraries with form books but knowing which of the hundreds of from to file and the timing thereof is complex. That is why attorneys who don't handle probates hire other attorneys to handle those matters.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Oklahoma on
Q: Is there a way to look up the life insurance policies of deceased relatives? Specifically one my father left for me.

I'm the child of my father's second marriage. My half sister tells me that our dad left named me and my full sister on a separate life insurance policy. Is there any way for me to find out if this is true? I don't know who / what company the policy is through.

Richard Winblad
Richard Winblad answered on Jan 21, 2020

Aside from a physical search you might try:

https://eapps.naic.org/life-policy-locator/#/welcome

1 Answer | Asked in Probate for Oklahoma on
Q: Will I have to deal with probate court?

I am an only child, my father is not married and has a will. Both our names are on the deed to his house (money still owed on his home), I am designated beneficiary on his life insurance. As well as beneficiary upon death on his bank accounts. His bank accounts are fairly large, over $100,000. I... Read more »

Brian Boeheim
Brian Boeheim answered on Jan 15, 2020

The real issue is creditors, since you are an only child. Are you on the mortgage, then that doesn't need to be probated. The life insurance does not need to be probated. The bank accounts are a different issue. It depends. What you really want on the bank accounts is to be the person on... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: Is there a outline of a quiet Title that I may use as a guide to submit one for myself

This is gas well payments located by the Oklahoma treasury office that they suggested I file in order to claim my inherited monies

Richard Winblad
Richard Winblad answered on Jan 15, 2020

I am not aware of any online source for a quiet title.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Step grand father past some of his estate is designated some is not we have distributed the designated. What do we do

With the bal estate value under 50k. We know and have his wishes wrote down from him but nothing legal

Doak Willis
Doak Willis answered on Jan 9, 2020

If the balance is real estate, a probate must be filed. If the balance is just personal property or money then if all heirs agree to the split, split it evenly.

1 Answer | Asked in Probate for Oklahoma on
Q: My father passed recently. If he has no cash, property or assets, do we still need probate?

My brother and I are the sole beneficiaries and executors of his will. We have no disputes in the matter. His investment accounts are set to be distributed to us upon receipt of death certificate based on the arrangements he previously made. My brother and I are authorized users on his bank account... Read more »

Richard Winblad
Richard Winblad answered on Dec 31, 2019

Generally, parties are motivated to go through the probate process in order to get certain property placed into their names. You are not required to probate an estate just because someone has died.

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