The Probate Process with a Will in Oklahoma

last will and testamentWhen a deceased person leaves behind a Will – a written document explaining how their property should be distributed – that Will must be filed in the local Court to through a legal process known as Probate.

A probate is a civil case that processes the Will. During the probate case, the Court will determine if the will is valid; then determine who receives property according to the Will; and finally, will issue a Court Order that transfers ownership of the various property from the deceased person to the new owners under the Will.

The probate process is the only way to carry out the wishes (i.e. the Last Will) of the decedent. If their estate never probated by the court, then their assets cannot be legally distributed, and any actual distributions or transfers may be later voided by the court.

The Probate Process can be straightforward and simple with the right lawyer handling the case. Because there are many issues that can creep up and complicate the process, having an experienced probate lawyer can ensure the process goes smoothly.

In Oklahoma, an Estate with a Will must go through the Court’s Probate Process

The Decedent’s wishes and directions cannot be carried out without a court order, which is why the Decedents written will must be submitted to the court for Probate. Once the Probate case has been opened, and the Will filed along with it, can the court proceed to appoint a Personal Representative (sometimes called the Executor) to manage the tasks necessary to carrying out the will.

In carrying out the process of probating the will, the PR must identify creditors, send legal notices, take inventory of the estate, order appraisals of the estate or specific items, supplement additional legal notices, and settle up with creditors or other parties making claims or objections before finally distributing the property of the estate. Depending on the size of the estate and number of interested parties, the process can last years.

Hire a Probate Lawyer to process the Last Will and Testament in Oklahoma County District Court

If you have the Will of the Deceased, you may hire us to probate that will. If the Will specifically names an you or another person to be the executor or personal representative of the estate, we will ask to court to appoint that person. From there, we will guide that person through the process to ensure the estate is administered properly.

Properly administering the estate can save you and other family members and heirs a lot of money by avoiding litigation that comes from improperly administering the probate of the estate.

It is possible to have our legal fees paid out of the estate, depending on the estate and the case.

For more information, or for analysis on your particular case, call us at (405) 724-8112 or send us an email.