Probate Court: What To Expect During The Proceedings
The challenges of the probate process in Oklahoma are far-reaching. Full of challenges wrought about by several complexities, many go to great lengths to avoid probate court altogether. But what are you to do if you cannot? This article aims to give you a sense of what you can expect in Oklahoma probate proceedings, giving you a high-level overview of the process while guiding you through it.
File A Petition In Court To Schedule A Hearing Date
The first part of the probate process is filing a court petition. Once filed, the judge will schedule a hearing date for your probate case. As the petitioner, you must send a notice of the hearing date to all of the estate’s heirs, devisees, and legatees. Failure to do so will have severe consequences on your case. If you do not know who these parties are, you will need to publish a notice of hearing in the county you filed the petition.
Appoint A Personal Representative
A judge will appoint a personal representative of the estate in the probate hearing. If the deceased left a will that is valid and complies with all laws, this representative is referred to as an executor. Typically explicitly named in the will, the duties of executors in probate cases encompass many different responsibilities. These representatives are called administrators in cases where no will was left by the deceased. In these instances, Oklahoma law states the order in which a new administrator is to be appointed, generally allowing for close family members to fill the role.
Submit An inventory Of All Of The Decedent’s Property
This must occur within two months of being appointed as the personal representative. The filing for this inventory is done in court. A probate attorney will be of immense help during this phase of the process.
Settle Any Debts Of The Estate
All debts associated with the estate must also be settled within two months of the appointment of its personal representative. This includes providing all known creditors with a notice. You technically must also notify any unknown creditor, so it is mandatory to publish a notice in the county newspaper. Creditors forfeit their right to pursue credit claims if they fail to submit them within two months of the notice being sent or published.
Personal representatives can approve or reject claims from creditors, as can the judge overseeing the case. You can also negotiate payment terms with the creditor. Creditors can file a lawsuit if the judge rejects a claim. Generally, claims are understood as having been rejected by the personal representative if they do not respond to them within 30 days.
Debt must be paid from the estate and in a particular order. These include funeral expenses, last sickness expenses, family support, taxes, debts with legal preference, any judgments against the deceased, and interest on estate or transfer taxes. Personal representatives can request to sell off property of the estate in order to pay off debts it has against it, if necessary.
Arrange A Hearing For The Final Accounting
After settling all of the debt of the estate, the estate heads for final accounting. This entails a hearing, which is scheduled shortly after debts are settled, and sending a notice to heirs, devisees, and legatees. It is at the final hearing that the judge signs a decree of distribution.
Distribute The Estate’s Assets To Its Heirs
Whether the deceased left a will will once again play into the process here. If a valid will was left, assets are distributed according to it. If not, intestate succession laws guide the distribution of the estate’s assets. Specific proportions are assigned to certain relatives, as per state statute.
Given how intricate this process is, hiring a probate attorney may be the way to go for you. Even if not, if you are in the Oklahoma City metropolitan area, contact Terrell Monks of Oklahoma Estate Attorneys, PLLC today. Based in Edmond, Oklahoma, he can assist you in the intricate process of probate in Oklahoma, whether by representing you or simply answering questions unique to your case.