The Probate Process without a Will in Oklahoma

probate stamp on folderNot everyone has a written Last Will and Testament when they die. In fact, the majority of people in Oklahoma do not leave behind a Will after they pass away. They still, however, leave behind an estate that must be transferred and distributed to heirs.

Similar to the process of probating an estate with a will, a deceased person’s estate cannot be transferred to heirs without going through a similar legal process in Court.

The Oklahoma Probate Process applies to Estates without a Will

A probate case is the legal process of distributing a person’s property after they die. A probate is required whether a person died with a written will, or without a written will. The difference is that a Will acts as an instruction manual on how to distribute the property. When the estate has no Last Will and Testament, the property and assets of the estate are distributed according to Oklahoma’s laws of intestacy.

In Oklahoma, our laws of intestate succession are a system of prescribing which relatives get what and how much from a deceased person’s estate. Under Oklahoma’s laws of intestate succession, the spouse gets half, and the other half goes to the children. But what if the decedent left no spouse, or no children? Oklahoma’s laws of intestate succession are an entire system of moving on to the “next in line.”

Hiring an Oklahoma City Probate Lawyer when there is No Valid Will

Even though your loved one died without a Will, you may still need to go to court in order to legally transfer their property on to you or the other heirs. If there is a dispute among family members, then the Court will be able to enter final judgment on who gets which assets of the estate.

You will need an attorney for this court case, and one that can help you streamline the process to save time and money.

When you hire Oklahoma City Probate lawyer Travis Charles Smith, you can rest assured that all legal requirements are fulfilled. We will make sure that creditors are properly notified, and that the assets are properly distributed according to the law, so you can rest assured that your loved one’s estate is properly guarded.

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