Oklahoma Probate Guide

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Confused About Oklahoma Probate Law? Oklahoma Estate Attorneys, PLLC Will Guide You Through The Legal Process

  • By: spk-admin
  • Published: May 3, 2024
Confused About Oklahoma Probate Law? Oklahoma Estate Attorneys, PLLC Will Guide You Through The Legal Process

Oklahoma Estate Attorneys, PLLC | Ready To Assist Our Edmond, OK Residents

Probate law can be confusing and challenging to understand. The legal process is often lengthy and involves keeping track of many different moving parts. The only way to ensure an outcome close to your desire is to have expert help.

Typically, all estates in Oklahoma must go through probate court. This step helps to ensure that a will is valid if there is one, and it provides due diligence on behalf of the deceased.

Oklahoma Estate Attorneys, PLLC, serving Edmond, OK, can help your family navigate probate law. In this article, you will learn how probate litigation lawyer services help small estates.

What Everyone Should Know About Oklahoma Probate Law

People often assume that the smaller the estate, the less need for a will. Furthermore, individuals believe that the estate will not need to go through probate court if there is no will. This is false information.

Small estates could use the help of a probate lawyer. Estates with real estate in the deceased’s name need the assistance of a small estates probate lawyer. Even if the value of the real estate doesn’t seem like much, a family would benefit from a procedure of probate lawyer guiding them through the process to retain some familial wealth.

The probate court also allows the real estate title to be transferred correctly. This way, it is a valid legal procedure and is recognized by municipalities.

How Can A Probate Lawyer Help With Small Estates?

Generally, small estates benefit from the guidance of a small estates probate lawyer. Families think that retaining a procedure of probate lawyer is expensive, but that isn’t always the case.

A probate lawyer can help you get started on your petition, which is required when an estate enters probate. There are a few key elements that every petition has to have to get started with probate litigation.

What Do I Need To File A Petition In Probate Court?

Since every estate has to go through probate court in Oklahoma, there are a few standard pieces of information that have to be obtained to file a petition.

A petition for the state is filed when there is no will, or one can’t be found. If a loved one has passed and a family is worried about what to do but cannot locate a will, this is referred to as intestate succession.

It is the job of the executor, as approved by the probate court, to locate the heirs and pay any creditors owed from the deceased’s assets. Filing a petition requires that you:

  • Obtain names and addresses of those believed to be heirs to the deceased.
  • Contact the closest relatives or those you believe to be relatives of the deceased.
  • Know the estate’s current value (to the best of your knowledge).
  • Name of the executor and proof of a clean and clear record. (No one with any kind of felony can serve as an executor in Oklahoma.)

Do Small Estates Need To Name An Executor?

Every estate passing through probate court needs an executor, or personal representative, who practices due diligence on behalf of the deceased.

He or she will assume fiduciary responsibility for the estate. This includes contacting beneficiaries of the estate, as well as paying the debts of the deceased.

How Do I Become Executor Of My Loved One’s Estate?

Typically, the executor of an estate is named in the will of the deceased. If there is no will, an executor is chosen through order of priority. The order generally proceeds as follows:

  1. Spouse
  2. Children
  3. Parents
  4. Siblings
  5. Grandchildren
  6. Next of kin
  7. Creditors
  8. Others

Can Oklahoma Probate Court Proceedings Be Conducted Online?

As long as courts are open and operational, probate proceedings happen in court. There are resources online, and Oklahoma Estate Attorneys, PLLC utilizes this forum to offer services.

Some families would rather go through the probate process themselves, so Oklahoma Estate Attorneys, PLLC offers different strategies to help. We offer vetted, reliable resources for families to understand court proceedings fully.

How Do I Proceed With A Petition For My Loved One’s Estate?

Once all of the information has been gathered for a petition, looking at what has been collected can give a good guess as to how the probate process will go.

Generally, after acknowledging who needs to be contacted, the value of the estate, and the executor’s identity, a judge can set a probate bond.

This bond ensures that the executor follows probate protocol. It is paid on behalf of the executor and protects the deceased’s estate and creditors. Bond payment comes out of the estate.

Need More Information? Give Us A Call!

Oklahoma Estate Attorneys, PLLC provides procedure of probate law resources that specialize in helping families of small estates understand probate law. Serving Edmond, OK, we are ready to assist families needing a probation litigation lawyer.

We are ready to assist your small estate probate needs. We can walk you through the process and help your family retain your family’s wealth.

Contact us today at (918) 819-1199 for more information and to schedule an appointment!