How Long Does Probate Take in Oklahoma?
When a loved one passes away, paperwork is probably the last thing you want to think about. You’re more focused on honoring their memory, grieving, and being with family. But if your loved one had a will—or passed away without a will—you’ll only have 30 days to start the probate process. That’s when you might start thinking: How long does probate take in Oklahoma? And what’s the process?
The Oklahoma Probate Process
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.
Step 1: 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.
Step 2: 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.
Step 3: 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.
Step 4: 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.
Step 5: 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.
Step 6: 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.
Step 7: 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.
How Long Does Probate Take in Oklahoma?
The Oklahoma probate process usually takes between six months to a year. It varies based on your situation, and can even last longer than a year. For example, if the estate is small and uncontested, probate may be completed in a few months. On the other hand, more complex estates or disputes among beneficiaries can lead to a longer process.
Factors That Impact How Long Probate Takes in Oklahoma
Understanding what might impact the length of probate can help you prepare for potential delays and challenges. Let’s dive into these factors in more detail.
Having a Valid Will
If the deceased left a clear will, the court’s role is mainly to ensure that the executor follows the outlined instructions, which speeds up the process. If the will is unclear, outdated, or contested by beneficiaries, probate can become more complicated and time-consuming. Having no will can slow down the process even more, as the court must follow Oklahoma’s intestacy laws.
Complexity of the Estate
Estates with multiple properties, businesses, or investments typically take longer because there’s additional work required to inventory, appraise, and distribute these assets. And if the estate includes assets in different states, you may need to navigate multiple legal jurisdictions, which makes the process even longer.
Disputes Among Beneficiaries
Disputes among beneficiaries can happen over the validity of the will, the distribution of assets, or the management of the estate. When disagreements occur, the court may need to get involved, which can mean hearings, legal motions, and even mediation. Disputes can extend the probate process by months or even years in extreme cases. It’s smart to hire a probate attorney before disputes happen, but you can do so at any time.
The Executor’s Experience
Executors who are organized, detail-oriented, and familiar with probate can complete the process faster. Inexperienced or overwhelmed executors usually take longer. Sometimes, the court even needs to appoint a new executor if the original one is unable to fulfill their duties or if there’s a conflict of interest that leads to misconduct.
Many people choose to appoint their attorney as the executor of their will to avoid these issues, especially for larger estates. An attorney can also help guide you through the process if you’ve been named an executor.
Court Schedules and Delays
Probate cases are handled by the district court where the deceased person lived, and the timing of hearings and approvals depends on the court’s workload. In busy jurisdictions, it may take longer to schedule hearings or receive approvals. Delays like holidays, court closures, or the need for additional documentation can also make the process take longer.
Paying Taxes and Debts
The executor must ensure that all debts and taxes are paid, including estate taxes. This process can be straightforward for smaller estates but more complex for larger ones with significant assets or debts. Delays in obtaining appraisals or calculating tax obligations can also extend the time it takes to settle the estate and close probate. Experienced estate attorneys know the ins and outs of debts and taxes and can help speed up the process.
Get Through Probate as Fast as Possible
Answering the question “How long does probate take in Oklahoma?” isn’t always straightforward. There are a lot of different factors that can slow down or speed up the process.
One of the best ways to make sure probate goes as quickly as possible is to hire an experienced attorney. In fact, you shouldn’t wait until you’re in probate. An estate planning attorney can help you and your loved ones avoid or minimize probate. Contact Plan Ahead Legal to start making a plan today.