What is Oklahoma probate?

Do you hear the phrase Oklahoma probate and wonder what it actually is?  And wonder what happens in an Oklahoma probate proceeding?  Read on to find out.

Oklahoma probate is the process of a court administering the estate of someone who dies to determine:

1. What property the person owned.
2. What debts the person had.
3. Who is entitled to receive the property.

Probate can happen even if you have a Last Will and Testament or a Living Trust.

One of the most important elements in determining whether an estate will need to be probated is property: is there property that can’t be transferred without an order from a court? Typically, this is real property, although it may also be mineral interests, bank accounts or investment accounts as well. There are some ways to avoid probate even after a person dies, I listed some of them in this post.

Ultimately, in a probate case, the court enters an order that transfers the property owned by the person who died to the people who are entitled to receive it. A probate is either done with a Last Will and Testament or without one (known as an “intestate”). If there is a Will, the Court usually orders the property distributed according to the Will. If there is no Will, then the court uses the Oklahoma intestate statutes.

 

What questions do you have about Oklahoma probate?  Ask them in the comments below and I will try to answer them.

Posted by Shawn Roberts

On this blog, I write about and try to answer practical Oklahoma legal questions. My focus and most experience is in estate planning and business issues including Oklahoma non-compete law. I make a living as an attorney in the law firm I founded, Cazes Roberts, PLLC in Oklahoma City. I live in Edmond with wife Amy and my two children, Sam (17) and David (9). We live precisely in the path of where the "wind comes sweeping down the plains."