Oklahoma Probate Guide

In Oklahoma, like anywhere, having to deal with the legal system is difficult, especially if you have never had to before. This is all the more the case with probate. Not only does this area of the law present unique challenges that require a baseline of knowledge of the law to steer through successfully, but probate issues oftentimes arise at times of immense personal hardship – that is, the death of a loved one. Adding these two realities together makes things incredibly burdensome in so many different ways.

An easy way to lighten this burden is to partner with a probate litigation attorney. But if you’ve never had any experience with probate before, let alone the larger legal system, where are you to turn? We at Oklahoma Estate Attorneys, PLLC. in Edmond, OK, have prepared this article to serve as a starting point to guide you in the direction you need. Note, however, that it isn’t designed to replace the direct and nuanced support and counsel you’d receive from an actual probate dispute attorney who can thoroughly dig into your case and provide tailored solutions for it.

Starters: What Is Probate

Before we dive into the nitty gritty, it’s best we start with a crash course on probate. You may not know much about probate beyond hearing it mentioned by others you know. Don’t worry – in the abstract, it isn’t terribly difficult to grasp. The challenge generally comes in dealing with it on the ground level, in the legal system.

Probate is the legal process of administering the estate of a deceased person. This process is designed to ensure any debts they left outstanding are paid and assets distributed according to their wishes and Oklahoma law. It involves several key steps, including validating wills, identifying and valuing assets, paying debts and taxes, and distributing the remaining assets.

The Invaluable Role Of A Probate Lawyer

Probate lawyers take on preventative and remedial roles. That is to say, they help you minimize the need to deal with probate court as much as possible to begin with and assist you in confronting it if necessary, especially if you did not take preventative measures earlier. Within this, they carry out several specific tasks, including guiding executors, administrators, and beneficiaries. As they do, they ensure that everything is done in compliance with the law, that everyone’s rights are protected, and that their interests are honored.

Preventative

Now, the process of probate lawyers varies from lawyer to lawyer, but generally, they can help you avoid many issues pertaining to probate by developing a comprehensive estate plan. These typically include wills, trusts, and clear designation of beneficiaries. There can be a lot more to yours, however, depending on your specific circumstances.

Remedial

In terms of the remedial role a probate lawyer assumes, they can assist you with probate administration, litigation, and will disputes. In doing so, they will help identify the estate’s assets and value them. This includes real estate, bank accounts, and investments, among others. After determining the fair market value, they can begin to set the gears for distribution into motion.

They don’t stop here, though. They also settle any debts the estate has, as well as file all documentation with the court required along the way. This paperwork can be confusing, almost as though it is written in a different language.

When it comes to will disputes that arise when beneficiaries argue over the validity of a will, an attorney will investigate the creation of the will to get to the bottom of things. They gather evidence that paints a thorough picture of what went into the creation of the will. They continue by representing their client and their best interest in litigating the dispute.

A probate attorney may seek to resolve a dispute by alternative measures before escalating things to litigation. This is particularly fitting given the emotional and financial toll probate litigation often leaves on people at an already sensitive time. These alternatives to litigation commonly include mediation and arbitration.

If you are in a situation where you have to deal with probate court, contact a probate attorney at Oklahoma Estate Attorneys, PLLC today. We will listen to your story and immediately begin developing a strategy that puts your best interests first and honors the wishes of your loved one as we guide you toward the optimal outcome.