Intestate distribution in Oklahoma involves distributing the assets of a deceased person who did not leave a valid will. Oklahoma law outline the laws of intestate succession, which dictate how to divide the estate among surviving relatives. Here’s a step-by-step guide on how intestate distribution works in Oklahoma, with a focus on active voice and transitional phrases for clarity:

Step 1: Determine the Heirs

When the deceased leaves both a spouse and children, the spouse receives a significant share of the estate. Specifically, the spouse receives one-half if there is one child and one-third if there are multiple children. Subsequently, you divide the remaining estate equally among the children.

If there are no children, but the deceased has surviving parents or siblings, the spouse receives one-third of the estate. You then distribute the remaining two-thirds equally among the surviving parents and siblings or their descendants. If no parents or siblings survive, the spouse inherits the entire estate.

When children survive the deceased, they inherit equal shares of the portion allocated to them. If a child has predeceased, you distribute their share among their descendants (the deceased’s grandchildren) in equal parts.

When no spouse or children survive, you divide the estate equally between the surviving parents. When only one parent survives, you split the estate equally between the surviving parent and the deceased’s siblings or their descendants. If no parents survive, you distribute the estate among the siblings or their descendants.

If no immediate family members survive, you distribute the estate among more distant relatives, such as grandparents, aunts, uncles, and cousins, following a specific order of priority.

Step 2: Follow the Order of Intestate Succession

If the deceased leaves both a spouse and children, you divide the estate as described above. When no children survive, but parents or siblings do, the spouse receives one-third, and you divide the remaining two-thirds among the parents and siblings. And, if no spouse survives, you divide the entire estate equally among the children.

If no spouse or children survive, you divide the estate equally between the surviving parents. If no spouse, children, or parents survive, you distribute the estate equally among the siblings or their descendants. And if no immediate family members survive, you pass the estate to more distant relatives, following the order specified by Oklahoma law. In the case that no surviving relatives exist, the estate escheats (reverts) to the state of Oklahoma.

Step 3: Consider Special Circumstances

In Oklahoma, you treat half-blood relatives equally with whole-blood relatives. Therefore, a half-sibling receives the same share as a full sibling. You treat adopted children the same as biological children in intestate succession. Consequently, they inherit from their adoptive parents just as biological children would. You consider children conceived before but born after the death of the deceased (posthumous children) as if they were born during the deceased’s lifetime for inheritance purposes.

If the deceased gave a significant gift to an heir during their lifetime with the intention that it be considered an advance on their inheritance, you may deduct the value of the gift from that heir’s share of the estate. You must document this in writing.

Tulsa County Probate Lawyers

In Oklahoma, you follow specific laws of intestate distribution to determine how to divide an estate when someone dies without a valid will. The process begins with identifying surviving relatives, from spouses and children to more distant relatives if necessary. By understanding these laws, you can ensure a fair distribution of the deceased’s estate according to state statutes. Consulting with an experienced probate attorney can provide valuable guidance and assistance in navigating the complexities of intestate succession.

Our team here at Tulsa County Lawyers Group will guide you through the probate filing process. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.