Can you sell property that is in an Oklahoma probate case?

Most people have either heard stories about your experience firsthand and estate going through the probate process. Often those experiences are not positive ones.

One of the questions that often comes up is “can I sell this item that is part of the probate case? “

The answer is yes but the process is different depending on what type of item it is. Below is a brief overview of how property can be sold out of probate depending on what type of property it is.

1.  Real property

Real property includes items such as houses, land with nothing build on it and mineral interest. For items such as these, you almost always have to get the written approval of the judge and the probate case before making a sale.

2.  High-value personal property

High-value personal property includes things such as automobiles, jewelry, it’s in recreational vehicles and usually any item that has a paper title issued by the government.  As with real property, and written approval is typically required from the court prior to selling this type of property. However, there may be a few exceptions that fall into the category for below.

3.  Lower value personal property

This category includes items that have no paper title issued by the government such as household furnishings, tools, any other odds and ends that a person may have collected throughout their life.

4.  Personal property that must be sold quickly to protect its value

As with most things in the law, there are a few more details and I can share in a blog list. For that reason, if you encounter the issue of selling something out of probate be certain to talk to an attorney about it before you take any kind of action.

 

If you want to know more about the Oklahoma probate, consider checking out these posts:

Will the Oklahoma summary probate process help you?        When you might need to do an Oklahoma probate             

Five Questions and Answers about Oklahoma probate

Posted by Shawn Roberts

I write about and try to answer practical Oklahoma legal questions. I tend to focus on estate planning and business issues. I make a living as an attorney working for Resolution Legal Group in Oklahoma City. I am husband to Amy and the father of Sam and David. We live exactly in the path where the "wind comes sweeping down the plains."