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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.
In Oklahoma, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Oklahoma Probate Procedure Filing a Petition begin the Oklahoma Probate Procedure. Notice of Hearing must be given to all interested parties. Hearing on Petition naming Personal Representative or Executor. The Court will issue Letters of Administration appointing a Personal Representative or Executor. Notice to Creditors.
If you do not leave a valid will, the court will distribute your property to your relatives in a certain order set out by law. This is called intestate succession.
The full probate procedure in Oklahoma is used if an estate is worth over $200,000. The simplified probate procedure may be available for estates worth less than $200,000.
There is no statute of limitations for probate. An estate, whether there is or is not a Will, can be probated years?even decades?after death. Depending on the specific circumstances, the passage of time can make probating the estate easier or harder. That being said, you should consult an attorney as soon as possible.
However, to open a probate matter in Oklahoma Probate Court, you will need to complete the Petition for Probate and the Affidavit of Mailing. You will also need to pay the filing fee. You will also need to present a copy of the death certificate. Remember that these are only some of the forms to open a new case.
The court will issue Letters of Administration if there is no will. This appoints the person who will administer the estate. The family can agree on one or more people and in most cases the Court will do what the family agrees on.