We often get questions about the steps for filing probate. When a family member passes away in Oklahoma, someone must manage and distribute their estate, including property, debts, and legal obligations. In many cases, the family does this through a legal process called probate. Whether or not your loved one left a will, the court may require probate to transfer property, settle debts, and ensure proper handling of the estate.
Step 1: Determine if Probate Is Necessary
Probate is generally necessary when the deceased person owned real estate or had more than $50,000 in assets titled solely in their name. If the estate qualifies as a “small estate,” you may be able to use a simpler process, such as a Small Estate Affidavit or summary probate.
Step 2: Locate the Will (If One Exists)
If the deceased left a will, it must be located and filed with the court. Oklahoma law requires anyone in possession of the will to deliver it to the proper court promptly. If no will is available, the estate will proceed under intestate succession laws, which govern the distribution of property when there is no will.
Step 3: File a Petition for Probate
The probate process begins when an interested party—usually a spouse, child, or heir—files a Petition for Probate with the district court in the county where the decedent lived. The petition requests that the court appoint a personal representative (executor) and open the estate.
You’ll also need to:
- File the death certificate
- Submit the will (if available)
- List all known heirs or beneficiaries
- Identify the estimated value of the estate
Step 4: Notify Heirs and Creditors
After the court accepts the petition, a hearing is scheduled, and notice must be provided to all heirs, beneficiaries, and creditors. This notice gives parties the opportunity to object or file claims.
A notice to creditors must also be published in a local newspaper. Creditors typically have two months to file claims against the estate.
Step 5: Inventory and Appraise the Estate
The personal representative is responsible for preparing an Inventory and Appraisement of the estate. This document lists all assets, such as:
- Real estate
- Vehicles
- Bank accounts
- Personal property
- Business interests
The value of each item is estimated, either through market research or professional appraisal, depending on the complexity of the estate.
Step 6: Pay Debts, Taxes, and Expenses
Before assets can be distributed to heirs, the personal representative must ensure all valid debts, taxes, and administrative expenses are paid. This may include:
- Funeral expenses
- Credit card balances
- Medical bills
- Income taxes
- Court costs and legal fees
If the estate doesn’t have enough liquid assets, property may need to be sold to cover these obligations.
Step 7: Distribute the Remaining Assets
Once the personal representative resolves all debts and the court approves the final accounting, the personal representative can distribute the remaining assets according to the will—or, if there is no will, according to Oklahoma’s intestacy laws.
Step 8: Close the Estate
To finalize probate, the personal representative files a final accounting and a petition for discharge. Once the court approves the petition, it officially closes the estate and releases the personal representative from further duties.
Tulsa Probate Attorneys
The steps for filing probate can be a detailed and time-sensitive process, but you don’t have to navigate it alone. At Tulsa County Lawyers Group, we provide guidance that brings peace of mind. Get a free consultation from a probate attorney by calling 918.379.4864, or you can ask an online question by following this link.
