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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.
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.
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.
How Do You Write An Oklahoma Affidavit? An affidavit must be in writing and state, under penalty of perjury, that the information contained therein is true and correct to the best of the affiant's knowledge. The affidavit should be dated and signed by the affiant and include the name, address and telephone number.
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.
1. The fair market value of property located in this state owned by the decedent and subject to disposition by will at the time of the decedent's death, less liens and encumbrances, does not exceed Fifty Thousand Dollars ($50,000.00).
Under the Oklahoma small estate threshold, you may be able to use: Summary Probate Procedure: Can be used in cases where an estate is valued at less than $200,000; the decedent passed away five or more years ago; the decedent lived in another state at the time of his/her passing.
There are several requirements that must be met in order to use a small estate affidavit. The total value of all assets must be less than $50,000, and the deceased must have resided in the state where the affidavit is filed for at least the last six months of their life.