In Oklahoma you file probate when someone passes away. It involves proving the validity of a deceased person’s will, if one exists, and administering their estate. In Oklahoma, as in many other states, probate proceedings aim to ensure that the deceased’s debts are paid and their assets are distributed according to their wishes or according to state law if there is no will. Let’s delve deeper into what estate planning and probate entails and how it works in the state of Oklahoma.

What is Probate in Oklahoma:

Probate is the court-supervised process of validating a deceased person’s will, if they have one, and overseeing the distribution of their assets to heirs or beneficiaries. If you do not have a will when you pass, probate supervises the distribution of your assets by what’s called intestate distribution. Once the heirs are determined either through a will or through intestate distribution the assets must be distributed. This is done when you file probate and involves several steps. Those steps include identifying and inventorying the deceased’s assets, paying debts and taxes, and distributing the remaining assets to heirs or beneficiaries.

Probating The Will With The Court:

The fact that for a will to be valid it has to be probated surprises many people. If the deceased left a will, it must be filed with the appropriate probate court in the county where probate is being filed. There is a time period in which the will must be filed depending on the State its filed in. Once filed the Judge will authenticate it as valid or not. There are several different types of wills and each has certain requirements that must be met to be valid. Assuming the will is valid the executor is appointed and the process moves forward.

Appointment of Personal Representative:

The court can appoint a personal representative, also known as an executor or administrator, to oversee the probate process. This person is usually named in the will, but if not, the court appoints someone. This person is often a surviving spouse or close family member. There are certain requirements to serve as an executor. The first is that the executor cannot be a convicted felon. There is also the issue of serving as an executor with or without a bond. Normally, with a little persuasion the judge will waive the bond.

Inventory and Appraisal:

Being an executor has certain duties. One such dirty is the responsibility for identifying and inventorying all of the deceased’s assets. This includes both real property like their home and personal property including vehicles, checking accounts and contents of their home and business.

Notification of Creditors:

The personal representative must notify creditors of the deceased’s death and the probate. Creditors typically have a certain period, usually a few months, to file claims against the estate for any outstanding debts. Once the claim is submitted its the job of the executor to assess the validity of the debt. If its a legitimate debt that’s submitted within the sudatory period the executor pays the debt. Debts include but are not limited to the funeral costs associated with the decadent.

Distribution of Assets:

Once you file probate and the debts and taxes have been paid, the assets can be distributed to the beneficiaries. When you file probate, estate property is distributed according to the terms of the will. If there is no will the property is distributed per state law. The personal representative is responsible for ensuring that assets are distributed correctly and that any required documentation is filed with the court.

Rogers County Probate Lawyers In Your Corner

If you need to file probate in Rogers County there are certain steps you must follow. The good news is that there’s lots of help in Rogers County and the Judges and the Court are high quality. The process has lots of requirements and nuances but once its filed things move along quickly. When you have estate planning or probate issues we know what to do. For a Free Consultation with a Claremore Probate lawyer from Kania Law Office call us at 918.743.2233 .