Convert To Ppt Legal Oklahoma Heirship Affidavits Forms For Free

A small estate affidavit is a legal document, in which the heir of an estate swears that the estate is a small estate and that another person owes money to the estate, or is in control of property owned by the estate.

Heirship Determinations When a landowner dies without a will, or beneficiaries are not named in the will, it may be necessary to determine the rightful heirs in Oklahoma court, including intestate succession or probate proceedings. This is known as an heirship determination.

An affidavit of heirship allows you to inherit property from a deceased relative without going through a long or expensive court proceeding, but it includes some risk since it could be overturned if the information you provide is not correct.

What Is An Affidavit Of Heirship in Oklahoma. Under Oklahoma law, successors (usually children) can file an affidavit of heirship if the deceased individual's estate qualified as a ?small estate.? The affidavit of heirship must contain specific information if its to be used to avoid the probate process.

The affidavit can be used whether the decedent had a last will and testament or not. But the total value of the Oklahoma estate of the decedent must be under $50,000. An ?estate,? as used in the statute, does not include any property that would not be subject to probate.

The small estate affidavit form must be completed and signed by the deceased's spouse, heir, or executor. It must also be notarized. It really should not be looked at as an alternative to the probate process, as much as it is option available where total assets are under $50,000.

If the cumulative value of a deceased person's probate personal property (not including real estate) that would otherwise go through probate court is less than $50,000, that probate property can be obtained by the deceased person's successors by the use of a Small Estates Affidavit and thus avoid probate.

If you are thinking about filing an affidavit of heirship, it will need to include: Identity of all of the heirs of the estate. Your legal name and address. Relationship to the deceased. Length and type of relationship. Name of any spouses of the deceased. Name of any children of the deceased.

The statute allowing for an affidavit of tangible personal property to transfer an estate's personal assets also allows for an affidavit of death and heirship to transfer severed mineral interests to an heir. The affidavit must be filed with the county clerk in the county where the property is located.