Oklahoma Probate Guide

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How To Choose The Right Oklahoma Probate Lawyer For Your Case

  • By: spk-admin
  • Published: June 21, 2024
how choose the right probate lawyer

Oklahoma Estate Attorneys, PLLC | Edmond, OK Probate Litigation Attorney

High-value estates in Edmond, OK, are subject to probate court. This process involves estate administration, which is carried out according to the specifics of the deceased’s will. It can be challenging and time-consuming.

The probate court itself is often backed up and can take a long time. While simple estates can take up to one year to settle, larger estates with more assets can take even longer. With a process this long, it is essential to get the right kind of help.

Oklahoma Estate Attorneys, PLLC, has been helping clients across the state get the answers they need to their probate questions. We understand the ins and outs of the probate process. We’ve connected with experienced and compassionate probate attorneys to streamline the process for you and your family.

Not All Probate Litigation Attorneys Are The Same

Some probate attorneys will only want to assist the estate’s assigned executor. Probate litigation attorneys help alleviate much of the stress that comes with the executor role.

There are many responsibilities, documents, time frames, and procedures that must be followed in order. An executor also has to act with a sense of diplomacy, as probate cases can become emotional. It is important to have a probate litigation attorney who understands the different hats you must wear as the executor.

Being able to assist in all facets of the probate process is a skill that not many estate law firms have. It’s far more beneficial to have a probate attorney who has experience in different areas of probate law. This way, you are better prepared for anything.

Do I Need A Probate Litigation Attorney?

Probate can be overwhelming for an executor, but it can also be overwhelming for a beneficiary. It is vital to have a probate litigation attorney who represents your best interests. Although nothing can be changed regarding the wishes of the deceased set forth in the will, certain aspects can be challenged.

The executor of an estate can be removed if they are not meeting the expectations of their role. If at any time the executor begins to act in a self-serving manner instead of adhering to their fiduciary duties, they can be removed from that role.

Ensuring that your concerns are being addressed regarding the estate rests with having a qualified and experienced probate litigation attorney. While disagreements do not always lead to litigation, they can, so it is best to be prepared.

Who Chooses A Probate Litigation Attorney For The Estate?

There may be an executor designated in a deceased person’s will. This person would then secure a probate lawyer. If there is no will or no one named to be the executor, the probate court would assign someone this duty.

As a general rule of thumb, the Oklahoma probate court tries to assign the closest living relative that meets all requirements of the executor role. This attorney would be able to help them fulfill their duties.

Typically, costs for a probate attorney are covered by the estate. The executor may have to pay upfront initially. However, they would be reimbursed by the estate.

What If I Don’t Agree With The Will?

In Oklahoma, you can contest a will. Your objection has to have a legal reasoning behind it. For example, if you believe someone forged the will in question. Another reason could be if you thought the deceased was under undue influence at the time of signing the will.

The legal document is called a sworn objection, and it must be filed within three months of the will entering the probate process. Your probate attorney will be able to assist you in filing your sworn objection and walk you through the next necessary steps.

Keep in mind that disagreeing with a will does not change its aspect unless there is proof that it is not valid. Objections can draw out what could be an already lengthy probate process.

However, it is always a good idea to bring your concerns first to your probate attorney. If your objection is dismissed, the probate process will proceed.

Call Now To Schedule A Consultation!

We know you have questions about how to get the right probate litigation attorney for your case. Oklahoma Estate Attorneys, PLLC assists clients across the state with their probate attorney needs. If you need guidance or representation, we can help you with your inquiry.

Schedule a consultation with us by calling (918) 819-1199 today. Short on time? Fill out our contact form, and we’ll get back to you!