Oklahoma Probate Guide

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Is The Oklahoma Probate Process Stressing You Out? You’ll Need A Procedure Of Probate Lawyer

  • By: spk-admin
  • Published: June 21, 2024
procedure of probate lawyer

Oklahoma Estate Attorneys, PLLC | Edmond, OK Probate Lawyer

Anyone looking to secure their estate needs to follow a few solid rules. Through estate planning, your wills and trusts can be set up to serve you and your family long-term. You can also set up procedures for succession for any businesses and specialty trusts to ensure your family is taken care of.

But did you know that the probate process plays a huge role in settling your estate? Oklahoma Estate Attorneys, PLLC has aided many families with this process. We help facilitate the probate process by helping you connect with a probate attorney who understands your needs.

Within the probate process lies the fine details of estate administration. Probate attorneys take care of estates that have gone into probate, so families of the deceased call upon one when this happens.

Probate is the process of validating someone’s will and includes measures to ensure proper estate administration. Certain terms and procedures must be followed when adhering to the process of the probate court.

How Does The Probate Process Work?

The probate court’s job is to ensure that the estate in question is handled appropriately. The first task is to obtain a death certificate and establish the will’s validity. Next, the heirs and beneficiaries will be notified. Then, the value of the estate will be determined.

There will be an executor or administrator who has most likely been assigned to navigate estate administration. Typically, the administrator is designated in the will. This person can best serve their role with the help of a procedure of probate lawyer.

Probate Can Be Costly

While it isn’t the intention of the probate court to over-value anyone’s estate, the process itself does come at a cost. You would benefit from having a probate litigation lawyer who can help you navigate the probate process.

There are fees associated with probate court that are based on the assessed value of your estate. The larger your estate’s value, the more you pay in fees. The fees are paid out of your estate.

Whoever the executor of your estate is will also be paid out of the estate. While they may need to pay upfront costs out of pocket, typically, they will be reimbursed when the estate is settled.

What To Expect During The Probate Process

The deceased’s wishes are typically fulfilled after determining the will’s validity and contacting all heirs and beneficiaries. During the estate administration phase, assets and inventory are assessed. Information about this assessment is also delivered to any beneficiaries.

During this time, objections to values, inventory, beneficiary allotments, etc., may arise. An experienced probate litigation attorney offers an upper hand during the probate process, allowing objections to be handled effectively and efficiently.

A probate attorney will help the executor perform their duties with due diligence and ease the administrator’s stress. Remember, the goal of the probate process is to ensure that estate administration aligns with the terms of the deceased’s will. This process helps establish the beneficiaries and transfer ownership of property and assets.

Who Needs A Probate Disputes Attorney?

Anyone who has been named a trust administrator would benefit from having a probate disputes attorney. Moreover, anyone who is a named beneficiary would also benefit from having a probate lawyer. This way, raising objections would be easier, as you would have someone who understands how to file motions and things of that nature.

A probate lawyer isn’t just for bickering family members, however. They are impartial facilitators, ensuring that the executor’s fiduciary responsibilities are carried out accordingly. When a probate lawyer is serving a client who is a named beneficiary, that client’s interests become their primary concern.

However, as legal counsel, their actions can only fall within the scope of the estate administration. While they can raise concerns, they cannot change the will or the probate process.

Can Someone Challenge The Probate Process?

Typically, individuals don’t challenge the probate process itself; instead, they challenge certain aspects. While the estate administration process allows beneficiaries to raise objections, the matter still must be handled through the probate court.

The probate process will not be abandoned at the request of any party. If it is determined that the estate doesn’t need to go through probate, then it won’t proceed.

Generally, in Edmond, OK, estates consisting of personal property valued at less than $50,000 do not need to go through probate court. However, remember that any time there is a question of will validity, regardless of estate size, probate will be necessary.

Let Us Answer Your Questions!

Oklahoma Estate Attorneys, PLLC, wants to work with you to ensure you have everything you need for your probate case!

There are several small details that need to be taken care of by an experienced and knowledgeable probate attorney. Let us assist you so that you can focus on what matters most: your family.

If you need help finding a probate attorney who can assist with opening a probate case or if you are already involved in one, call Oklahoma Estate Attorneys, PLLC, at (918) 819-1199 to schedule a consultation today!