Oklahoma Estate Planning

Oklahoma ice Larry Smith from Flicker https://flic.kr/p/iwixig License: https://creativecommons.org/licenses/by/2.0/

In an Oklahoma statute that is equal parts interesting and antiquated, the surviving spouse is entitled to get all of the following items after the death of the first spouse:

1. All family pictures.

2. A pew or other sitting in any house of worship.

3. A lot or lots in any burial ground.

4. The family Bible and all school books used by the family, and all other books used as part of the family library, not exceeding in value of One Hundred Dollars ($100.00).

5. All wearing apparel and clothing of the decedent and his family.

6. The provisions for the family necessary for one (1) year’s supply, either provided or growing, or both; and fuel necessary for one (1) year.

7. All household and kitchen furniture, including stoves, beds, bedsteads and bedding.

These are not the only things the surviving spouse is entitled to, but they are some of the items that the Oklahoma Legislature considered important when the statute was added in 1947!.

Title 58, Section 311.

The other thing to keep in mind is that none of these items are subject to be taken or sold to pay debts.  This means there is swath of items that creditors cannot touch under Oklahoma estate law, a necessary protection for family.

Oklahoma Estate Planning

I counsel people who desire to avoid probate to take the necessary steps now to get it done.  Usually, that means creating a living trust and/or re-titling real property.  However, I know from experience that things are not always done before death.

For that reason, I put together a six blog post series 6 ways to avoid Oklahoma probate after death about steps you can take following someone’s death to avoid Oklahoma probate while at the same time getting to the property.  You can find all the posts here on the blog but I am also providing the collection and links to each post below:

#1 Way to avoid Oklahoma probate after death – Small Estate Affidavit

#2 Way to Avoid Oklahoma probate after death – life estate or joint tenancy

#3 Way to avoid Oklahoma probate after death – Affidavit>Delivery>Personal Property

#4 Way to avoid Oklahoma probate after death – Government death benefits

#5 Way to Avoid Oklahoma probate after Death: Vehicles, Boats, Motors

#6 Way to avoid Oklahoma probate after death – Unclaimed Property

If you have questions about Oklahoma probate or transferring assets in Oklahoma after someone has died, please feel free to contact me at sjr@shawnjroberts.com