Even if a loved one passes away with a will, their estate still needs to go through probate in Oklahoma. Learn what to expect, how long probate takes in Oklahoma, and how an attorney can help.

How Long Does Probate Take in Oklahoma?

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Probate is the legal process of distributing a deceased person's assets according to their will or state law if no will exists. During probate, the court oversees the validation of the will, payment of debts, and transfer of assets to beneficiaries.  There are ways to avoid probate, including summary administration, small estate affidavits, and setting up trusts. If you do have to go through probate, there is a specific process you’ll need to follow. An attorney can help you navigate this process and save you time, hassle, and stress.

How does probate work in Oklahoma?

File the Petition

The first step in the probate process is to file both the will (if there is one) and a Petition to Probate. You’ll file these with the district court in the county where the deceased person lived. Typically the executor named in the will files the petition, or a close relative if there is no will. The court will schedule a hearing to validate the will and appoint the executor, who will manage the estate.

Notify Beneficiaries

At least ten days before the hearing, the petitioner must notify any beneficiaries of the hearing date and their rights in the probate process. This is easier if there’s a will that names beneficiaries—if there’s not, you’ll have to follow Oklahoma’s intestacy laws, which determine who has a claim to an estate. It’s best to use certified mail, because you’ll need proof that you sent the notices on time.

Attend the Hearing

On the date of the hearing, the petitioner appears before the court so the judge can validate the will. Any beneficiaries who want to contest the will or the probate proceedings can also do so at the hearing. (If this happens, the answer to “How long does probate take in Oklahoma?” can get a lot longer.) Once everything is in order, the court formally appoints the executor, giving them the legal authority to manage the estate.

Notify Creditors

Once you’re appointed the executor of the estate, you must notify creditors and beneficiaries of the probate proceedings. To notify creditors, you’ll publish a Notice to Creditors in a local newspaper at least two times. They then have 60 days to file claims against the estate.

Inventorying the Estate

As the executor, you’re responsible for taking possession of the deceased person’s assets, which can include real estate, bank accounts, investments, and personal property. You’ll need to file an inventory and appraisal with the court within three months of being appointed. This document lists the estate’s assets and their values so the court can make sure they’re distributed fairly.

Paying Debts and Taxes

Before the estate can be closed, you’ll have to pay any debts and taxes the deceased owed. This includes funeral expenses, outstanding bills, state and federal taxes, and mortgages. If the estate doesn’t have enough assets to cover these expenses, the court will prioritize which debts are paid first. In some cases, you may need to sell property or other assets to cover these costs.

Distributing the Remaining Assets

Once all debts and taxes are paid, the executor can distribute the remaining assets to the beneficiaries as outlined in the will or according to state law if there is no will. This distribution must be approved by the court. Afterward, the executor files a final report with the court, and the probate process is completed. The court then closes the estate.

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