When a loved one passes away, one of the first legal questions family members often ask is whether wills must go through probate. In Oklahoma, probate is a court-supervised process for validating a will, paying debts, and distributing assets. While many wills do go through probate, there are important exceptions.

What Is Probate?

Probate is the legal process of:

• Proving a will is valid.
• Identifying and gathering the deceased person’s assets.
• Paying any debts and taxes.
• Distributing the remaining property to heirs or beneficiaries.

In Oklahoma, the probate court oversees this process to ensure the deceased person’s wishes and state law are followed. Whether a will must go through probate depends on the type of assets the person owned and how those assets were titled.

When Probate Is Required

Probate is generally required if the deceased person owned property solely in their name without a joint owner or beneficiary designation. Common examples include:

• Real estate titled only in the deceased’s name.
• Bank or investment accounts without payable-on-death (POD) or transfer-on-death (TOD) designations.
• Vehicles titled solely in the deceased’s name.

When Probate May Not Be Necessary

Probate can sometimes be avoidable if:

• Assets have named beneficiaries – Life insurance policies, retirement accounts, and certain bank accounts can pass directly to named beneficiaries without probate.
• Property is owned jointly with rights of survivorship – The surviving co-owner automatically inherits the property.
• A revocable living trust holds the assets – Property in a trust passes to beneficiaries outside of probate.
• Small Estate Affidavit – In Oklahoma, if the total estate value is $75,000 or less, heirs may be able to use a simplified process instead of full probate.

Probate rules can be complex, and mistakes can delay asset distribution or lead to legal disputes. An experienced Oklahoma probate attorney can determine whether probate is required and guide you through the process.

Tulsa Probate Lawyers

Not all wills go through probate, but when probate is required, having knowledgeable legal guidance can make the process smoother and less stressful. At Tulsa County Lawyers Group, we can help you understand your legal options. Get a free consultation from a construction defect lawyer by calling 918.379.4864, or you can ask an online question by following this link.